Legislator Case Law & Legislation
II UKN 236/98 AI generated

Supreme Court dismisses appeal regarding invalid power of attorney; general power signed by director is valid even if submitted as photocopy.

Case Number II UKN 236/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Krzysztof K. against a disability pension decision involving the Social Insurance Institution. The appellant argued that the first-instance proceedings were invalid because the insurer's representative lacked proper authorization, claiming the submitted document was merely a photocopy dated only on the envelope. The court ruled that the general power of attorney, signed by the branch director and granted to a branch employee, fully met legal requirements, and submitting a photocopy did not violate procedural rules.

Legislator headnote

AI generated

Art. 89 § 1 KPC; Art. 378 § 2 in conjunction with Art. 379 pkt 2 KPC; A general power of attorney signed by the authorized director constitutes valid representation, and the submission of a photocopy thereof does not invalidate the procedural correctness of the appointment.

Keywords

AI generated
power of attorney validity photocopy procedural defect general representation mandate social insurance institution cassation dismissal

Cited Legislation

AI generated
Art. 393 § 1 pkt 2 KPC
Art. 378 § 2 KPC
Art. 379 pkt 2 KPC
Art. 89 § 1 KPC

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