Legislator Case Law & Legislation
I PKN 471/97 AI generated

Supreme Court dismisses appeal rejection due to unsigned copies, ruling only the original appeal needs a signature.

Case Number I PKN 471/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned lower court decisions that rejected an appeal solely because the plaintiff failed to sign the copies of the document. The plaintiff argued that procedural rules requiring signatures applied only to the original filing, not the copies, citing a 1967 precedent. The court agreed, holding that Article 370 of the Code of Civil Procedure applies only to formal defects that prevent the appeal from proceeding, and an unsigned copy does not constitute such a defect.

Legislator headnote

AI generated

Art. 126 § 1 pkt 4 KPC; Art. 370 KPC: The requirement for a party's signature applies strictly to the original procedural document; failure to sign copies does not constitute a formal defect justifying the rejection of the appeal.

Keywords

AI generated
Code of Civil Procedure procedural defect unsigned copies appeal rejection formal requirements Supreme Court procedural law

Cited Legislation

AI generated
Art. 126 § 1 pkt 4 KPC
Art. 128 KPC
Art. 130 § 1 KPC
Art. 370 KPC
Art. 393 § 15 KPC
Art. 368 KPC
Art. 390 KPC

Cited Case Law

AI generated
I CZ 111/67

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