I PKN 471/97
AI generated
Supreme Court dismisses appeal rejection due to unsigned copies, ruling only the original appeal needs a signature.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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 generatedI CZ 111/67