Legislator Case Law & Legislation
III ARN 82/95 AI generated

Supreme Court allows appeal by brother-in-law as co-litigant under Art. 87 § 1 k.p.c. without kinship requirement.

Case Number III ARN 82/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the Supreme Administrative Court's decision rejecting an appeal filed by a brother-in-law on behalf of his sister and brother-in-law. The lower court had incorrectly applied Article 87 § 1 of the Code of Civil Procedure, requiring a specific kinship relationship for co-litigants to act as representatives. The Supreme Court ruled that the statute only mandates that the representative act on the same side as the parties, making the familial bond unnecessary when the representative is a co-litigant. Consequently, the Supreme Court permitted the extraordinary review and remanded the case for further proceedings.

Legislator headnote

AI generated

Art. 87 § 1 k.p.c.; Art. 204 § 1 k.p.a.; Art. 211 k.p.a.: A co-litigant may represent other parties in the same dispute without a kinship requirement, provided they act on the same side.

Keywords

AI generated
extraordinary review co-litigant representation Code of Civil Procedure kinship requirement administrative appeal

Cited Legislation

AI generated
Art. 87 § 1 k.p.c.
Art. 204 § 1 k.p.a.
Art. 211 k.p.a.
art. 87 § 1 k.p.c
art. 204 § 1 k.p
art. 211 k.p

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