II UZ 132/99
AI generated
Supreme Court dismisses appeal when party cannot successfully challenge their own alternative legal remedy choice.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed Leszek G.'s appeal against a ruling that rejected his appeal as a cassation. The court held that a party cannot effectively challenge the qualification of an alternative legal remedy if the chosen remedy met admissibility conditions. Since the lower court correctly identified the remedy and the party failed to prove the alternative was valid, the appeal was rejected.
Legislator headnote
AI generatedArt. 3932 KPC; Art. 397 § 2 KPC; Art. 39319 KPC: A party cannot successfully challenge the qualification of a legal remedy designated alternatively in a document if the selected remedy satisfied the conditions for its admissibility.
Keywords
AI generated
alternative legal remedy
procedural qualification
cassation appeal
renewal of proceedings
admissibility conditions
party autonomy
Supreme Court jurisdiction
Cited Legislation
AI generatedArt. 3932 KPC
Art. 397 § 2 KPC
Art. 39319 KPC
Art. 399 KPC
Art. 392 § 1 KPC
Art. 407 KPC
Art. 405 KPC
Art. 409 KPC
Art. 126 § 1 pkt 2 KPC
Art. 187 § 1 KPC