Legislator Case Law & Legislation
II UZ 25/97 AI generated

Supreme Court dismisses appeal because a personal appeal lacks mandatory lawyer signature under Polish Civil Procedure Code.

Case Number II UZ 25/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against a lower court's rejection of his personal cassation. The appellant argued that appointing a lawyer after filing the appeal should cure the defect, but the court held that the entire appeal must comply with mandatory lawyer representation rules from the outset. Consequently, the personal filing rendered the appeal inadmissible regardless of subsequent legal representation.

Legislator headnote

AI generated

Art. 393 § 1, 393 § 5, 393 § 18, 393 § 19, 465 § 1 KPC; A cassation filed personally by a party without a lawyer's signature is inadmissible and cannot be cured by the subsequent appointment of counsel.

Keywords

AI generated
mandatory lawyer representation inadmissible cassation personal appeal filing civil procedure code adwokat ustanowienie przymus adwokacki Sąd Najwyższy

Cited Legislation

AI generated
art. 393 § 1 KPC
art. 393 § 5 KPC
art. 393 § 18 KPC
art. 393 § 19 KPC
art. 397 KPC
art. 465 § 1 KPC

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