Legislator Case Law & Legislation
I PKN 177/99 AI generated

Supreme Court allows appeal despite missing appeal value by rejecting court's order to specify it.

Case Number I PKN 177/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the District Court's dismissal of the appellant's appeal. The appellant failed to specify the monetary value of the expanded claim in the appeal, prompting the lower court to reject it under procedural defect rules. The Supreme Court ruled that requiring the appellant to specify the value after the first-instance judgment would effectively alter the claim, which is impermissible, and thus the procedural defect was not cured.

Legislator headnote

AI generated

Art. 368 KPC; Art. 373 KPC: The requirement to specify the value of the subject matter of the appeal in a civil case does not preclude the court from recognizing the appeal if the specification is imprecise or if the value was never determined in the first instance, as requiring such specification post-judgment would alter the claim.

Keywords

AI generated
civil procedure appeal value procedural defect claim alteration Supreme Court KPC appellant rights

Cited Legislation

AI generated
Art. 368 KPC
Art. 373 KPC
Art. 393 § 1 KPC

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