Legislator Case Law & Legislation
II UZ 21/98 AI generated

Supreme Court dismisses appeal for lack of power of attorney, applying general civil procedure rules to cassation proceedings.

Case Number II UZ 21/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against the appellate court's rejection of the cassation due to a missing power of attorney. The appellant's lawyer argued the decision was legally flawed, but the Supreme Court held that general civil procedure rules on representation apply to cassation proceedings. Consequently, the court ruled that only a qualified attorney or lawyer acting as a proper representative can file a cassation, rendering the appeal inadmissible.

Legislator headnote

AI generated

Art. 86-97 KPC; Art. 393 § 1, 2 § 1 KPC: General provisions on power of attorney apply to cassation proceedings; only a qualified attorney or lawyer acting as a proper representative may file a cassation.

Keywords

AI generated
power of attorney cassation proceedings civil procedure code legal representation admissibility of appeal qualified attorney representation requirements

Cited Legislation

AI generated
art. 86-97 KPC
art. 392 § 1 KPC
art. 393 § 1, 2 § 1 KPC
art. 89 KPC
art. 130 § 1 KPC
art. 169 KPC
art. 393 § 18 KPC
art. 397 KPC
art. 385 KPC

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