Legislator Case Law & Legislation
II PK 140/11 AI generated

Civil claim dismissed because criminal proceedings suspension prevented civil claim recognition under Polish law.

Case Number II PK 140/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a civil judgment ordering the defendant to pay damages. The plaintiff had previously sought compensation in criminal proceedings, but the civil claim was suspended until the criminal case concluded. The court ruled that the defendant's earlier actions could not be deemed an acknowledgment of the debt because the civil proceedings were suspended at that time. Consequently, the statute of limitations expired due to the plaintiff's own inaction and the procedural status of the civil suit.

Legislator headnote

AI generated

Art. 295 § 1 pkt 2 k.p.; Art. 434 § 1 k.p.k.: A civil claim cannot be recognized if the proceedings were suspended, and the plaintiff's failure to act diligently during the suspension period results in the expiration of the limitation period.

Keywords

AI generated
statute of limitations suspended proceedings acknowledgment of debt criminal civil proceedings plaintiff inaction reformationis in peius cassation appeal

Cited Legislation

AI generated
Art. 295 § 1 pkt 2 k.p.
Art. 434 § 1 k.p.k.
Art. 442 § 2 k.c.
Art. 291 § 3 k.p.
Art. 481 § 1 k.c.
art. 295 § 1 pkt 2 k.p
art. 284 § 1 k.k
art. 294 § 1 k.k
art. 267 k.k
art. 72 § 2 k.k

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text