Legislator Case Law & Legislation
II UKN 594/97 AI generated

Supreme Court remands case for clarification of judgment subject matter due to lack of reasoning and inadequate sentence.

Case Number II UKN 594/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court remanded the case to the appellate court for a new decision on costs and clarification of the judgment's subject matter. The appellant argued that the lower court's judgment lacked reasoning and its sentence did not match the claim, citing discrepancies in the judgment's title and the defendant's designation. The court held that after exhausting other evidence, the defendant must be ordered to request a clarification of the judgment under Article 352 of the Code of Civil Procedure.

Legislator headnote

AI generated

Art. 352 KPC; Art. 366 KPC: If a final judgment is unreasoned and its sentence is inadequate to the claim, the court may order the opposing party to request a clarification of the judgment.

Keywords

AI generated
lack of reasoning inadequate sentence clarification of judgment subject matter of claim remand for clarification procedural error final judgment

Cited Legislation

AI generated
Art. 352 KPC
Art. 366 KPC
Art. 393 § 13 KPC

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