II UZ 5/96
AI generated
Cassation inadmissible from second-instance judgment rendered before new Civil Procedure Code entry into force.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a second-instance judgment rendered on February 22, 1996. Although the judgment was served to the client after the new Civil Procedure Code came into effect on March 1, 1996, the court held that the right to cassation depends solely on the date the judgment was issued. The court rejected the argument that service date determines the applicability of the new procedural rules, establishing that the judgment predates the statutory change.
Legislator headnote
AI generatedArt. 11 ust. 3 ustawy z dnia 1 marca 1996 r. o zmianie Kodeksu postępowania cywilnego; Cassation is admissible only from second-instance judgments rendered after the entry into force of the new Civil Procedure Code, regardless of the date of service.
Keywords
AI generated
cassation admissibility
Civil Procedure Code
second instance judgment
date of service
procedural law transition
Cited Legislation
AI generatedArt. 11 ust. 3 of the Act of March 11, 1996 on amending the Civil Procedure Code, Presidential Decrees on Bankruptcy and Settlement Procedures, Administrative Procedure Code, Act on Court Costs in Civil Matters and other Acts (Dz. U. No. 43, item 189)
Art. 393 5 of the Civil Procedure Code