Judgment of District for Warsaw-Śródmieście, 1st Civil Division

30 March 2010

Case No. I C 352/10

Seeking payment on the basis of accounting entries of investment fund

Scope of presumption under Civil Procedure Code Art. 244 § 1

The purpose for maintaining accounting records of an investment fund (a securitization fund) is only to indicate purchase and sale transactions for financial purposes. ... The mere fact that an entry is made in the fund's books concerning the existence of a claim does not entail a legal presumption that the claim exists. Thus it does not enjoy the presumption provided under Civil Procedure Code Art. 244 § 1. There is no method for review of the accuracy of the basis for the entries made, beyond their formal correctness. ...

If the defendant disputes the existence of the claim, it is necessary for the fund to present appropriate evidence to demonstrate the existence of the claim.