Legislator Case Law & Legislation
I PZ 33/99 AI generated

Supreme Court dismisses appeal for lack of intent to appeal when procedural document lacks clear appeal intent.

Case Number I PZ 33/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal, ruling that the procedural document submitted did not demonstrate an intent to challenge the lower court's decision. The appellant argued for a discretionary interpretation of the law to grant the document procedural effect despite its unclear title and content. The court held that Article 130 § 1 of the Civil Procedure Code requires the court to seek clarification of the document's intent rather than granting it effect based on judicial discretion.

Legislator headnote

AI generated

Art. 130 § 1 KPC; Art. 355 § 1, Art. 361 KPC: The court cannot grant procedural effect to a document based on its own discretion if the document's content does not reveal an intent to appeal; instead, the court must seek clarification of the author's intent.

Keywords

AI generated
procedural document intent to appeal clarification of intent judicial discretion dismissal of appeal civil procedure code procedural effect

Cited Legislation

AI generated
Art. 130 § 1 KPC
Art. 355 § 1 KPC
Art. 361 KPC

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