Legislator Case Law & Legislation
I PK 145/10 AI generated

Compensation interest starts from demand date, not judgment date, under Polish Civil Code Article 445 and 481.1.

Case Number I PK 145/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding the start date for interest on compensation for non-pecuniary damage. The lower court incorrectly calculated interest from the judgment date, whereas the plaintiff argued it should begin from the date of the accident. The court ruled that interest must run from the date of the demand for payment, as compensation obligations are indefinite until formally demanded. Consequently, the appealed judgment was set aside and the case remitted for a new ruling on the correct interest period.

Legislator headnote

AI generated

Art. 445 § 1 k.c.; Art. 481 § 1 k.c.: Interest on compensation for non-pecuniary damage accrues from the date of the demand for payment, not from the date of the court judgment, to prevent unjust enrichment of the debtor.

Keywords

AI generated
compensation for non-pecuniary damage interest on debt demand for payment civil code provisions accident compensation judgment date remittal of case

Cited Legislation

AI generated
Art. 445 § 1 k.c.
Art. 481 § 1 k.c.
Art. 366 k.p.c.
Art. 365 § 1 k.p.c.
Art. 233 § 1 k.p.c.
Art. 398 § 3 k.p.c.
Art. 39816 k.p.c.
Art. 39815 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 445 § 1 k.c

Cited Case Law

AI generated

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