II UZ 30/99
AI generated
Supreme Court allows appeal dismissal due to missing lawyer's power of attorney as a correctable formal defect under Polish Civil Procedure Code.
Legislator summary
AI generatedThe Supreme Court of Poland overturned the appellate court's dismissal of a war invalidity pension appeal due to a missing lawyer's power of attorney. The appellant argued that the absence of this document rendered the appeal inadmissible, while the opposing party maintained it was a fatal procedural flaw. The court ruled that the missing power of attorney constitutes a formal defect rather than a substantive one, allowing it to be cured under the relevant procedural articles.
Legislator headnote
AI generatedArt. 3933 KPC; Art. 126 § 1 KPC; Art. 126 § 3 KPC; Art. 130 § 1 KPC: The absence of a lawyer's power of attorney attached to an appeal is a formal defect subject to correction under Art. 130 § 1 KPC, not a ground for inadmissibility under Art. 3935 KPC.
Keywords
AI generated
power of attorney
formal defect
correctable omission
inadmissibility
civil procedure code
appeal dismissal
supreme court ruling
Cited Legislation
AI generatedArt. 3933 KPC
Art. 126 § 1 KPC
Art. 126 § 3 KPC
Art. 130 § 1 KPC
Art. 3935 KPC
Cited Case Law
AI generatedIII CZ 100/97