II UZ 21/98
AI generated
Supreme Court dismisses appeal for lack of power of attorney, applying general civil procedure rules to cassation proceedings.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedart. 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