Legislator Case Law & Legislation
III ZP 1/98 AI generated

Supreme Court holds missing appeal grounds are a formal defect curable under Civil Procedure Code Art. 130.

Case Number III ZP 1/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether the absence of specific grounds and reasoning in an appeal constitutes a fatal defect or a curable formal error. The appellant had filed an appeal merely stating dissatisfaction with a lower court's dismissal of his pension claim due to statute of limitations, without detailing specific legal arguments. The Court determined that under the current Civil Procedure Code, the lack of cited grounds is a formal omission that can be supplemented, distinguishing it from the stricter requirements for cassation proceedings.

Legislator headnote

AI generated

Art. 368 KPC; Art. 130 KPC: The absence of cited grounds and their reasoning in an appeal is a formal defect that may be supplemented under Art. 130 KPC, rendering the appeal admissible.

Keywords

AI generated
Civil Procedure Code appeal admissibility formal defect supplementation of grounds statute of limitations pension claim Supreme Court ruling

Cited Legislation

AI generated
Art. 368 KPC
Art. 130 KPC
Art. 370 KPC
Art. 390 KPC
Art. 393 KPC
Art. 3931 KPC

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