II UZ 118/97
AI generated
Supreme Court dismisses appeal due to lack of authorized legal representative and formal defects in the cassation filing.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the Social Insurance Institution's appeal against a lower court's rejection of its cassation. The institution argued its lawyer had full authority, but the court found the appeal lacked a proper representative and was signed by an unauthorized person using only a seal. The court ruled that formal defects regarding the legal representative are incurable unless the mandatory lawyer requirement is clearly met, leading to the appeal's inadmissibility.
Legislator headnote
AI generatedArt. 393 ust. 1, 2, 5 KPC; The cassation appeal is inadmissible if filed by an unauthorized person or lacks a valid power of attorney, as formal defects in the legal representative cannot be cured absent clear compliance with mandatory lawyer representation rules.
Keywords
AI generated
cassation appeal
legal representative
mandatory lawyer rule
inadmissible appeal
power of attorney
Social Insurance Institution
formal defects
Cited Legislation
AI generatedArt. 393 ust. 1 KPC
Art. 393 ust. 2 KPC
Art. 393 ust. 5 KPC
Art. 385 KPC
Art. 397 ust. 2 KPC
Art. 393 ust. 19 KPC
Cited Case Law
AI generatedII CZ 35/97