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Żądanie zapłaty równowartości rzeczy w powództwie windykacyjnym

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Wielgus K.
Rejent
|
2022
|
issue 11 (379)
74-111
EN
The practice of proprietary actions (for natural restitution of corporeal things) shows that the petitum of the lawsuits is formulated as a demand for a hand over of a thing and, in the event of the defendant's failure to comply with the first obligation, a demand is made for the payment of a sum of money equivalent to the value of the claimed thing. While it is clear that the legal basis for the first demand is Article 222 § 1 of the Polish Civil Code, the basis for the second (alternative or eventual) demand is unclear. At the same time, the question arises as to what are the premises of this demand, what is its content (scope), which court has local and material jurisdiction to hear this demand, what is the applicable law. In order to answer this questions, the paper examines the concepts of: 1) tort, 2) breach of obligation, 3) on unjust enrichment, 4) entitlement to substitutive performance, 5) offer of settlement agreement, 6) sui generis right to creditor's satisfaction, 7) a specific claim for payment in respect of damage to or destruction of thing.
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