Legislator Case Law & Legislation
I PKN 523/98 AI generated

Supreme Court dismisses appeal on procedural grounds for lack of request to establish breach of contract.

Case Number I PKN 523/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding the establishment of a breach of contract, ruling that the lower court erred by deciding on an issue not requested by the plaintiff. The plaintiff initially sought reinstatement and later damages for wrongful dismissal but never asked the court to formally establish the breach of contract itself. Consequently, the court held that the lower court violated procedural rules by adjudicating on a matter outside the scope of the plaintiff's claims.

Legislator headnote

AI generated

Art. 321 § 1 KPC; Art. 382 KPC; Art. 386 § 3 KPC: A court cannot rule on or award relief regarding a legal issue that was not specifically requested by the party, as such a request is not admissible when the party's interest is already covered by a claim for performance.

Keywords

AI generated
procedural error scope of request cassation inadmissibility labor law dispute unjustified breach finding civil procedure rules plaintiff's claim

Cited Legislation

AI generated
Art. 321 § 1 KPC
Art. 382 KPC
Art. 386 § 3 KPC
Art. 393 pkt 1 KPC
Art. 3938 KPC
Art. 4771 § 1 KPC
Art. 189 KPC
Art. 56 § 1 KP

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