Legislator Case Law & Legislation
II UZ 122/97 AI generated

Supreme Court dismisses appeal for lack of specific client authorization beyond general union power.

Case Number II UZ 122/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a lawyer representing an insurance fund. The lower court rejected the appeal because the lawyer failed to submit a specific power of attorney from the client, relying instead on a general authorization from the union's executive board. The court ruled that while the union's general mandate covers specific member matters, it does not automatically authorize the lawyer to represent an individual member without their separate consent.

Legislator headnote

AI generated

Art. 88 KPC; Art. 465 § 1 KPC: A general power of attorney from an organization does not suffice to represent an individual member in civil proceedings; specific authorization from the member is required.

Keywords

AI generated
power of attorney civil procedure code union representation cassation appeal client authorization

Cited Legislation

AI generated
Art. 88 KPC
Art. 465 § 1 KPC
Art. 393 § 19 KPC
Art. 385 KPC
Art. 397 § 2 KPC
Art. 168 § 1 KPC

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