Legislator Case Law & Legislation
I PKN 522/97 AI generated

Polish Supreme Court dismisses appeal claiming forged document invalidates judgment under Civil Procedure Code.

Case Number I PKN 522/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Alicja Z.-L. against a lower court's rejection of her request for retrial. The plaintiff argued that a procedural document containing a forged signature served as the basis for the final judgment, citing Article 403 § 1 item 1 of the Civil Procedure Code. The court ruled that this provision applies only to evidence establishing facts, not to procedural documents like letters, and thus a forged signature does not constitute a statutory ground for retrial.

Legislator headnote

AI generated

Art. 403 § 1 pkt 1 KPC; Art. 393 § 12 KPC: A forged procedural document does not constitute a ground for retrial under Article 403 § 1 item 1 of the Civil Procedure Code, as this provision applies exclusively to evidence used to establish factual findings.

Keywords

AI generated
Civil Procedure Code retrial grounds forged document procedural document evidence vs document cassation appeal signature forgery

Cited Legislation

AI generated
Art. 403 § 1 pkt 1 KPC
Art. 393 § 12 KPC
Art. 102 KPC
Art. 410 § 1 KPC
Art. 411 KPC
Art. 412 § 1 KPC
Art. 130 KPC

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