Legislator Case Law & Legislation
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.

Case Number II UZ 30/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 3933 KPC
Art. 126 § 1 KPC
Art. 126 § 3 KPC
Art. 130 § 1 KPC
Art. 3935 KPC

Cited Case Law

AI generated
III CZ 100/97

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