Legislator Case Law & Legislation
II UKN 107/97 AI generated

Supreme Court remands case to determine if prisoner's lack of lawyer triggered mandatory service of judgment under Civil Procedure Code.

Case Number II UKN 107/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland remanded the case to the appellate court for a new decision regarding the service of a judgment. The appellant argued that his imprisonment prevented him from acting without a lawyer, triggering a statutory duty for the court to serve the judgment. However, the evidence failed to establish the exact date of his arrest or the duration of his detention relative to the judgment date. Consequently, the court could not verify whether the mandatory service obligation under Article 327 § 2 of the Civil Procedure Code was applicable.

Legislator headnote

AI generated

Art. 327 § 2 KPC; Art. 5 KPC; The court must verify the facts of a party's deprivation of liberty before applying the mandatory duty to serve a judgment to a party acting without a lawyer, as this obligation is absolute and cannot be based on unverified assumptions.

Keywords

AI generated
mandatory service of judgment deprivation of liberty acting without lawyer Civil Procedure Code remand for fact-finding procedural rights prisoner litigation

Cited Legislation

AI generated
Art. 327 § 2 KPC
Art. 5 KPC
Art. 328 § 1 KPC

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