II UZ 142/99
AI generated
Supreme Court dismisses appeal for personal cassation as civil procedure code mandates lawyer representation.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against the rejection of his personal cassation. The appellant argued that the court of second instance should have appointed a lawyer for him at no cost, claiming the law required lawyer representation. The court ruled that no statutory provision imposes an obligation on the second-instance court to appoint a lawyer, and the appellant's consent to proceed without one is legally irrelevant.
Legislator headnote
AI generatedArt. 393 § 2 KPC; Art. 39319 KPC: The Supreme Court dismisses an appeal against the rejection of a personal cassation because the Civil Procedure Code does not oblige the second-instance court to appoint a lawyer, and the requirement for lawyer representation is a mandatory condition for admissibility.
Keywords
AI generated
personal cassation
mandatory lawyer representation
civil procedure code
second instance court
admissibility requirements
Cited Legislation
AI generatedArt. 393 § 2 KPC
Art. 39319 KPC
Art. 393 KPC
Art. 385 KPC