I PZ 21/97
AI generated
Appeal dismissed because appeal value is not the sum of main and reciprocal claims in partial judgment cases.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal regarding the calculation of the appeal value in a civil case. The lower court rejected the appeal because the disputed amount was under 5,000 zlotys, calculated solely from the partial judgment of 362.50 zlotys. The court held that the value of the appeal cannot be the sum of the main claim and the reciprocal claim, as they retain procedural independence even when heard together.
Legislator headnote
AI generatedArt. 393 pkt 1 KPC; Art. 204 KPC; The value of the subject matter of an appeal in a case involving a partial judgment is not the sum of the values of the main claim and the reciprocal claim, as these claims maintain their procedural distinctness.
Keywords
AI generated
appeal value calculation
reciprocal claim
partial judgment
procedural independence
civil procedure code
summing claims
appellate threshold
Cited Legislation
AI generatedArt. 393 pkt 1 KPC
Art. 204 KPC
Art. 317 § 1 KPC
Art. 385
Art. 397 § 2
Art. 397 § 3
Cited Case Law
AI generatedpostanowienie z dnia 11 marca 1997 r., III CKN 13/97