Appeal filed during lawyer's illness is allowed if illness justified delay and remedy was timely requested.
Polen (PL)
Legislator-Zusammenfassung
KI-generiertThe Supreme Court set aside the lower court's dismissal of the appellant's appeal, which had been filed after the deadline due to the lawyer's illness. The appellant argued that the lawyer's sickness prevented timely filing, while the lower court held that the appeal was submitted too late despite the illness. The court ruled that a lawyer's illness justifying a delay cannot be used to the client's detriment if the request for time extension was made promptly after recovery.
Legislator-Regeste
KI-generiertArt. 168 § 1 k.p.c.; Art. 169 § 1 k.p.c.: If a party's failure to perform a procedural act within the time limit is not due to their fault, the court shall restore the time limit upon request; however, the act performed during the fault-causing circumstance cannot be detrimental to the party if the request for restoration was made with due diligence.