Monitor Prawniczy

no. 21/2018

Determination of the value of the disputable object and the costs of litigation concerning non-contractual use

DOI: 10.32027/MOP.18.21.6
Jacek Matarewicz
Autor jest adwokatem, doradcą podatkowym w Kancelarii Ożóg Tomczykowski sp. z o.o.
Radosław Bulejak
Autor jest radcą prawnym w Kancelarii Ożóg Tomczykowski sp. z o.o
Abstract

The article discusses practical problems associated with determining the value of the disputable object in cases concerning compensation for non-contractual use of things. As shown by the practice applied in individual common courts in Poland the approach to the issue of the value of the disputable object in such cases is not consistent, as a result of which the procedural consequences for the parties in the same factual and legal situation differ. Accepting a certain value of the claim also affects the subsequent outcome of the dispute, which undoubtedly makes this subject intriguing from the viewpoint of an attorney. According to the principle of a party’s responsibility for the outcome of the proceedings, even the award of compensation in a certain amount, and thus recognition of the claim in principle, may involve severe financial consequences for the plaintiff.