I PKN 403/97
AI generated
Supreme Court dismissed cassation for lack of specific procedural violation claims under Civil Procedure Code.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a debtor against a district court's decision to reject his objection to a default judgment. The appellant argued that strict legal interpretation violated procedural fairness and denied him the right to appeal, citing general principles of justice. The court rejected this because the cassation procedure only examines specific statutory violations, not abstract complaints about fairness or the lack of a trial.
Legislator headnote
AI generatedArt. 385, 393 § 11, 397 § 2 KPC; A cassation complaint alleging a violation of procedural rules regarding the court's power to dismiss an appeal must be concretized by specifying the exact provisions breached and their material impact.
Keywords
AI generated
cassation procedure
default judgment
procedural fairness
specific violation
civil procedure code
Cited Legislation
AI generatedart. 385 KPC
art. 393 § 11 KPC
art. 397 § 2 KPC
art. 379 KPC