II UKN 92/99
AI generated
Supreme Court dismisses appeal; court not bound to examine postal delivery of late appeal.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court's rejection of a late appeal. The appellant argued that the appeal might have been accepted by the postal service before the deadline expired, despite being filed late at the court registry. The court ruled that the lower court was not obligated to examine this possibility ex officio because the appellant failed to raise this issue in the cassation grounds.
Legislator headnote
AI generatedArt. 394 § 2 KPC; Art. 165 § 2 KPC: The court is not bound to examine ex officio whether an appeal filed after the statutory deadline was accepted by the postal service before the deadline expired, provided the party did not raise this issue in the cassation grounds.
Keywords
AI generated
cassation appeal
statutory deadline
postal acceptance
ex officio duty
procedural time limit
Cited Legislation
AI generatedArt. 394 § 2 KPC
Art. 165 § 2 KPC
Art. 392 § 1 KPC