Legislator Case Law & Legislation
I PRN 97/96 AI generated

Supreme Court dismissed extraordinary review for ordering declaration to withdraw lawsuit in separate case.

Case Number I PRN 97/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review and the defendant's cost claim regarding a request to order a declaration withdrawing a lawsuit in a different matter. The plaintiff sought a court order compelling the defendant to issue a procedural declaration of withdrawal based on a settlement agreement, while the defendant argued the settlement already extinguished the dispute. The court held that Article 64 of the Civil Procedure Code does not cover such requests because a settlement's effect is to extinguish the existing dispute, not to create a new procedural obligation to declare withdrawal in another case.

Legislator headnote

AI generated

Art. 64 Kodeksu postępowania cywilnego; Art. 917 Kodeksu cywilnego: A court cannot order a party to make a procedural declaration withdrawing a lawsuit in a separate matter, as a settlement agreement extinguishes the existing dispute rather than creating a new procedural obligation.

Keywords

AI generated
extraordinary review dismissal settlement agreement effect procedural declaration order withdrawal of lawsuit separate legal proceedings civil procedure code extinguishment of dispute

Cited Legislation

AI generated
Art. 64 Kodeksu postępowania cywilnego
Art. 917 Kodeksu cywilnego
art. 421 § 1 KPC
ustawa z dnia 1 marca 1996 r. o zmianie Kodeksu postępowania cywilnego

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