I PKN 277/00
AI generated
Improper representation does not constitute a ground for retrial under Polish Civil Procedure Code Art. 401(2).
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding a request for retrial based on improper legal representation. The appellant argued that the lower court ignored a claim of inadequate representation by his lawyer, citing Article 401(2) of the Civil Procedure Code. The court ruled that this provision applies only to the lack of capacity or inability to act, not to the manner in which a legal representative appears in court.
Legislator headnote
AI generatedArt. 401 ust. 1 pkt 2 k.p.c.; Proper representation refers to the status of representing non-natural persons or statutory representatives of minors/incapacitated persons, not the manner of acting as a process agent.
Keywords
AI generated
improper representation
retrial ground
legal representative
civil procedure code
cassation appeal
procedural defect
inadequate representation
Cited Legislation
AI generatedArt. 401 ust. 1 pkt 2 k.p.c.
Art. 393 § 2 k.p.c.