II UKN 595/98
AI generated
Supreme Court dismissed cassation regarding withdrawal of lawyer's appeal, ruling it requires specific intent defects, not mere disagreement.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Piotr Z. against a lower court's decision to reject his lawyer's withdrawal of an appeal. The court found that the lawyer acted within his general power of attorney and that the mere divergence between the client's and lawyer's intentions does not constitute a voidable defect in consent under the Civil Code. Consequently, the withdrawal was valid, and the lower court's correction of the legal basis was unnecessary.
Legislator headnote
AI generatedArt. 95 § 2 KC; Art. 93 KPC: The withdrawal of a lawyer's procedural declaration is generally inadmissible unless based on a specific defect of will such as error or fraud, as the lawyer's actions within their mandate bind the client.
Keywords
AI generated
power of attorney
procedural declaration
defect of will
withdrawal of appeal
civil procedure code
binding effect
client intent
Cited Legislation
AI generatedArt. 95 § 2 KC
Art. 93 KPC
Art. 82-84 KC
Art. 355 § 1 KPC
Art. 203 § 1 KPC
Art. 91 KPC
Art. 104 KC
Art. 385 KPC
Art. 397 § 2 KPC
Art. 39319 KPC
Cited Case Law
AI generatedwyrok SN z 12 stycznia 1938 r., C.I. 218/37
uchwała SN z 26 kwietnia 1995 r., III CZP 43/95
III CZP 43/95