Legislator Case Law & Legislation
II UZ 142/99 AI generated

Supreme Court dismisses appeal for personal cassation as civil procedure code mandates lawyer representation.

Case Number II UZ 142/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 393 § 2 KPC
Art. 39319 KPC
Art. 393 KPC
Art. 385 KPC

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