II UKN 558/97
AI generated
Supreme Court dismisses appeal when party fails to prove non-fault delay under procedural law.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Barbara S. against a decision rejecting her appeal in a disability pension case. The applicant argued that a hospital stay and post-surgery recovery prevented her from filing the appeal on time, but the court found the medical record insufficient to prove she was unable to act. Consequently, the court ruled that the burden of proving non-fault delay lies solely with the applicant and cannot be supplemented by formal defect remedies.
Legislator headnote
AI generatedArt. 169 § 2 KPC; Art. 130 § 1 KPC: The burden of proving circumstances justifying a request to restore a procedural deadline lies with the applicant, and such proof does not require supplementation under the rules for curing formal defects.
Keywords
AI generated
procedural deadline restoration
burden of proof non-fault
curing formal defects
cassation appeal dismissal
medical evidence insufficiency
Cited Legislation
AI generatedart. 169 § 2 KPC
art. 130 § 1 KPC
art. 3938 § 2 KPC