Legislator Case Law & Legislation
II UZ 115/99 AI generated

Appeal dismissed; lawyer cannot claim client's error excuses failure to state appeal value.

Case Number II UZ 115/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal filed by Roman B. against a social insurance decision regarding pension amounts. The appellant's lawyer argued that the client misunderstood the value of the appeal subject, which the court found insufficient to justify the procedural defect. The court ruled that a lawyer cannot successfully rely on a client's error to excuse their own failure to meet formal requirements, such as stating the correct appeal value.

Legislator headnote

AI generated

Art. 3933 KPC; Art. 393 pkt 1 KPC: A lawyer cannot validly rely on a client's error to excuse a failure to comply with formal requirements for an appeal, as the lawyer bears the duty of professional diligence.

Keywords

AI generated
appeal value requirement lawyer professional duty client error excuse procedural defect social insurance appeal formal requirements duty of diligence

Cited Legislation

AI generated
Art. 3933 KPC
Art. 393 pkt 1 KPC
Art. 385 KPC
Art. 397 § 2 KPC
Art. 39319 KPC

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