I PZ 60/99
AI generated
CPC appeal barred against interlocutory ruling on immediate enforceability in civil proceedings.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's appeal against the appellate court's decision suspending the immediate enforceability of a default judgment. The plaintiff argued the ruling was part of the main trial and thus appealable, while the appellate court incorrectly cited execution procedure rules. The court clarified that immediate enforceability is a feature of the trial phase, not execution, and since the ruling did not conclude the case, no appeal was permitted.
Legislator headnote
AI generatedArt. 392 § 1 KPC; Art. 7751 § 1, 2 KPC: A ruling by the court of second instance regarding immediate enforceability does not conclude the proceedings and is therefore not subject to appeal.
Keywords
AI generated
immediate enforceability
civil proceedings
appeal admissibility
default judgment
second instance ruling
Kodeks postępowania cywilnego
interlocutory decision
Cited Legislation
AI generatedart. 392 § 1 KPC
art. 7751 § 1 KPC
art. 7751 § 2 KPC
art. 393 § 18 KPC
art. 397 § 2 KPC
art. 385 KPC
art. 333 § 1 pkt 3 KPC