II UKN 594/97
AI generated
Supreme Court remands case for clarification of judgment subject matter due to lack of reasoning and inadequate sentence.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 352 KPC
Art. 366 KPC
Art. 393 § 13 KPC