Legislator Case Law & Legislation
I PKN 194/97 AI generated

Supreme Court dismisses appeal because plaintiff failed to prove delay in requesting judgment copy was without fault.

Case Number I PKN 194/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal, ruling that the lower court's restoration of the deadline for requesting the judgment copy was unjustified. Although the plaintiff was absent from hearings due to illness, the court found this did not excuse the significant delay in filing the request for the judgment copy. The decision held that mere absence or lack of knowledge of the verdict does not constitute a fault-free delay under the Civil Procedure Code.

Legislator headnote

AI generated

Art. 169 § 1 KPC; Art. 3938 § 1 KPC: A party's absence from a hearing does not justify a late request for a judgment copy unless the delay was caused without their fault, and the party must prove such circumstances to the court.

Keywords

AI generated
cassation appeal dismissal request for judgment copy restoration of deadline fault-free delay Civil Procedure Code

Cited Legislation

AI generated
Art. 169 § 1 KPC
Art. 3938 § 1 KPC
Art. 3934 KPC

Cited Case Law

AI generated
I CKN 91/96
I CKN 45/97
III CZP 77/67

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