Legislator Case Law & Legislation
I PZ 3/97 AI generated

Supreme Court dismisses appeal; lawyers in permanent contractual relationship cannot be legal representatives after July 1, 1996.

Case Number I PZ 3/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against the appellate court's rejection of a cassation filed by a lawyer acting as a legal representative. The appellant argued that the new Civil Procedure Code should not retroactively bar lawyers in permanent contractual relationships from representing clients, claiming such restrictions should not apply to ongoing proceedings. The court ruled that the legislative change permanently eliminated the status of such individuals as legal representatives, meaning the cassation was inadmissible regardless of when the power of attorney was granted.

Legislator headnote

AI generated

Art. 87 § 1 KPC; Art. 3935 KPC: Following the July 1, 1996 amendment to the Civil Procedure Code, individuals in a permanent contractual relationship with a party may no longer serve as their legal representatives, rendering any cassation filed by such a person inadmissible.

Keywords

AI generated
legal representative capacity permanent contractual relationship Civil Procedure Code amendment cassation inadmissibility retroactive legislative change lawyer representation limits procedural standing

Cited Legislation

AI generated
Art. 87 § 1 KPC
Art. 3935 KPC
Art. 385 KPC
Art. 397 § 2 KPC
Art. 39319 KPC
Art. 199 § 2 KPC
Art. 11 ust. 2 of the Civil Procedure Code Amendment Act of March 1, 1996

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