Legislator Case Law & Legislation
II UKN 232/99 AI generated

Supreme Court dismisses appeal; no duty to instruct unrepresented parties on evidence if first instance had opportunity.

Case Number II UKN 232/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a social insurance court ruling denying a disability pension. The applicant argued that the appellate court violated procedural law by failing to instruct her, who appeared without a lawyer, on the necessity of submitting evidence regarding her insurance record. The court held that since the opportunity to present such evidence existed in the first instance, the second instance court was not obligated to provide additional instructions under the relevant Civil Procedure Code articles. Consequently, the court ruled that the lower court's decision did not constitute a procedural error warranting the cassation. The appeal was rejected because the applicant failed to prove that the lack of instruction prevented the proper resolution of the case.

Legislator headnote

AI generated

art. 5 KPC w związku z art. 381 KPC i 391 KPC; The second instance court is not obliged to instruct an unrepresented party on the advisability of submitting evidence if the need and possibility of such submission existed in the first instance proceedings.

Keywords

AI generated
second instance court unrepresented party evidence submission social insurance law cassation appeal procedural instruction Civil Procedure Code

Cited Legislation

AI generated
art. 5 KPC
art. 381 KPC
art. 391 KPC
art. 393 § 12 KPC
art. 468 § 2 pkt 3 KPC
art. 382 KPC
art. 32 rozporządzenia Rady Ministrów z dnia 7 lutego 1983 r.

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