Legislator Case Law & Legislation
I PKN 273/99 AI generated

Supreme Court allows appeal term restoration due to court's failure to promptly serve judgment reasoning.

Case Number I PKN 273/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court granted the appellant's request to restore the appeal deadline, overturning the lower court's dismissal. The appellant argued that the delay was caused by the court's failure to promptly serve the judgment reasoning, despite his efforts to expedite the process. The court found the lower courts' finding of the appellant's fault unsupported by evidence, as there was no proof the notification reached him or his family.

Legislator headnote

AI generated

art. 168 § 1 KPC; art. 393 § 1, 3938 § 2 KPC: A court must restore a missed procedural deadline if the party failed to act within the time limit without their own fault, requiring an assessment of all circumstances to determine if the delay was attributable to the party.

Keywords

AI generated
missed procedural deadline restoration of time limit court's fault service of judgment appellant's diligence KPC procedural law burden of proof

Cited Legislation

AI generated
art. 168 § 1 KPC
art. 393 § 1 KPC
art. 3938 § 2 KPC

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