III ZP 32/98
AI generated
Supreme Court dismissed request to refer legal issue in property right determination case under Art. 390 § 1 KPC.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court refused to refer a legal question to it regarding an appeal in a property right determination case. The lower court had identified a complex issue about the proper defendant and jurisdiction under the Privatization Act, prompting the appeal court to seek guidance. The Supreme Court ruled that Article 390 § 1 of the Code of Civil Procedure only applies to cases where cassation is available, which excludes property right determination proceedings.
Legislator headnote
AI generatedArt. 390 § 1 KPC; The provision allowing a court to refer legal issues to the Supreme Court does not apply to appeals in property right determination cases where cassation is not permitted.
Keywords
AI generated
property right determination
cassation inadmissibility
legal issue referral
civil procedure code
privatization act
Cited Legislation
AI generatedart. 390 § 1 KPC
art. 393 pkt 1 KPC
art. 23 § 1 K.P.
art. 36 of the Act on Commercialization and Privatization of State Enterprises
art. 1 in conjunction with art. 476 § 1 pkt 1 KPC