Supreme Court dismisses appeal on procedural grounds for lack of request to establish breach of contract.
Legislator summary
AI generatedThe 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 generatedArt. 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.