Legislator Case Law & Legislation
I PKN 197/98 AI generated

Supreme Court dismisses appeal for inadmissibility due to failure to cross-examine contract parties on legal representation scope.

Case Number I PKN 197/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal against a lower court's decision to exclude evidence from cross-examining a contract party. The appellant argued that the trial court erred by not questioning both parties regarding the scope of the legal representative's authority to receive court documents. The court held that resolving the dispute over the contract's terms and the representative's specific powers required full evidentiary proceedings, including the cross-examination of both parties, which the lower court had omitted.

Legislator headnote

AI generated

Art. 65 § 2 KC; Art. 299 KPC; Art. 393 § 1 pkt 2 KPC: The failure to cross-examine contract parties to determine the scope of legal representation constitutes a violation of the principle of full investigation of facts and may significantly affect the outcome of the case.

Keywords

AI generated
cross-examination requirement legal representation scope contractual authority evidence exclusion full investigation principle cassation appeal dismissal legal representative powers

Cited Legislation

AI generated
Art. 65 § 2 KC
Art. 299 KPC
Art. 393 § 1 pkt 2 KPC

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