Legislator Case Law & Legislation
I PZ 48/97 AI generated

Polish Supreme Court dismisses appeal when plaintiff corrects claim amount, making original amount invalid for dispute value threshold.

Case Number I PZ 48/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the appellant's appeal against a second-instance court decision rejecting the claim. The appellant initially sought 10,000 PLN but later corrected the complaint to request only 3,551.76 PLN due to a clerical error. The court ruled that this correction invalidated the original claim amount, meaning the dispute value was legally fixed at the corrected lower figure rather than the higher one cited in the appeal. Consequently, the appeal was rejected because the corrected amount fell below the statutory threshold required to file a cassation.

Legislator headnote

AI generated

Art. 19 § 1 KPC; Art. 20 KPC; Art. 393 pkt 1 KPC; Art. 385 KPC; Art. 397 § 2, 3 KPC: When a party corrects a previously erroneous claim amount in a monetary dispute, the original higher amount cannot be recognized as the dispute value, and the corrected amount prevails for procedural thresholds.

Keywords

AI generated
correction of claim amount dispute value threshold monetary claim correction cassation inadmissibility procedural value of dispute art 19 KPC art 393 KPC

Cited Legislation

AI generated
Art. 19 § 1 KPC
Art. 20 KPC
Art. 393 pkt 1 KPC
Art. 385 KPC
Art. 397 § 2, 3 KPC

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