II UZ 113/00
KI-generiert
Polish Supreme Court dismisses appeal where late lawyer appointment does not reset filing deadlines due to client negligence.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the appellant's appeal against a second-instance court's rejection of her request to reinstate the cassation deadline. The appellant had been properly notified of the deadline but failed to file a lawyer or request an extension until three days before expiration. The court ruled that merely appointing a lawyer late does not reopen the filing period because the delay was caused by the appellant's own unjustified inactivity.
Legislator-Regeste
KI-generiertArt. 168 § 1 KPC; Art. 393 § 19 KPC: The appointment of a lawyer ex officio filed shortly before a deadline expires does not constitute a valid ground for reinstating the missed filing period if the delay was caused by the party's own unjustified inactivity.
Schlagwörter
KI-generiert
reinstatement of deadline
inactivity of the party
appointment of lawyer ex officio
cassation procedure
fault of the party
Zitierte Gesetzesbestimmungen
KI-generiertArt. 168 § 1 KPC
Art. 393 § 19 KPC
Art. 385 KPC
Zitierte Rechtsprechung
KI-generiertII CKN 724/99