I PZ 21/98
AI generated
Supreme Court allows cassation against second-instance dismissal of appeal against termination order under Civil Procedure Code.
Legislator summary
AI generatedThe Supreme Court of Poland overturned the lower court's dismissal of a cassation appeal regarding a procedural termination order. The appellant argued that the second-instance court created a logical contradiction by first hinting at cassation rights before rejecting the appeal as inadmissible. The court held that a second-instance decision dismissing an appeal against a termination order effectively ends the proceedings, thereby making it subject to cassation under Article 392 of the Civil Procedure Code.
Legislator headnote
AI generatedArt. 392 KPC; Art. 393 § 5 KPC: A decision by the court of second instance dismissing an appeal against a termination order constitutes a final ruling closing the proceedings and is therefore subject to cassation.
Keywords
AI generated
cassation admissibility
termination of proceedings
second instance decision
Civil Procedure Code
procedural closure
appeal dismissal
final ruling
Cited Legislation
AI generatedart. 392 KPC
art. 393 § 5 KPC
art. 386 § 4 KPC
art. 397 KPC
art. 398 § 18-19 KPC