II UKN 657/00
KI-generiert
Supreme Court voids appeal judgment due to lawyer's failure to inform court of plaintiff's death.
Polen (PL)
Legislator-Zusammenfassung
KI-generiertThe Supreme Court of Poland voided the appellate court's judgment because the lawyer failed to notify the court of the plaintiff's death before the verdict was issued. The material facts show the plaintiff died in October 1999, yet his lawyer continued to act under a mandate that expired upon his death, violating Article 96 of the Code of Civil Procedure. The court ruled that such procedural invalidity renders the entire appeal process void ab initio, making the remaining legal arguments irrelevant.
Legislator-Regeste
KI-generiertArt. 379 pkt 2 KPC; Art. 96 KPC: The proceedings are void if the court is not notified of a party's death before the judgment, and all actions taken by the lawyer after the mandate expires are unlawful except those suspending the proceedings.
Schlagwörter
KI-generiert
void proceedings
death of party
expired mandate
unlawful actions
procedural invalidity
Zitierte Gesetzesbestimmungen
KI-generiertArt. 379 pkt 2 KPC
Art. 96 KPC
Art. 39311 KPC
Art. 39313 § 1 KPC
Art. 39319 KPC