II UZ 115/99
KI-generiert
Appeal dismissed; lawyer cannot claim client's error excuses failure to state appeal value.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the appeal filed by Roman B. against a social insurance decision regarding pension amounts. The appellant's lawyer argued that the client misunderstood the value of the appeal subject, which the court found insufficient to justify the procedural defect. The court ruled that a lawyer cannot successfully rely on a client's error to excuse their own failure to meet formal requirements, such as stating the correct appeal value.
Legislator-Regeste
KI-generiertArt. 3933 KPC; Art. 393 pkt 1 KPC: A lawyer cannot validly rely on a client's error to excuse a failure to comply with formal requirements for an appeal, as the lawyer bears the duty of professional diligence.
Schlagwörter
KI-generiert
appeal value requirement
lawyer professional duty
client error excuse
procedural defect
social insurance appeal
formal requirements
duty of diligence
Zitierte Gesetzesbestimmungen
KI-generiertArt. 3933 KPC
Art. 393 pkt 1 KPC
Art. 385 KPC
Art. 397 § 2 KPC
Art. 39319 KPC