Legislator Case Law & Legislation
II UZ 75/00 AI generated

Supreme Court dismisses appeal because a lawyer's phone authorization lacks the required client signature for filing a cassation.

Case Number II UZ 75/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against a social security court's rejection of a cassation. The lower court found that the lawyer's power of attorney, signed only by the lawyer, failed to authorize the filing of the cassation, which requires a signature from the client. The Supreme Court upheld this decision, ruling that a verbal authorization does not constitute a valid power of attorney under the Civil Procedure Code.

Legislator headnote

AI generated

Art. 89 § 1, 2 KPC; Art. 3935 KPC: A verbal authorization by a party does not constitute a valid power of attorney for filing a cassation, which must be in writing and signed by the client or an authenticated copy thereof.

Keywords

AI generated
power of attorney cassation filing verbal authorization client signature Civil Procedure Code formal defects legal representation

Cited Legislation

AI generated
Art. 89 § 1 KPC
Art. 89 § 2 KPC
Art. 3935 KPC
Art. 385 KPC
Art. 397 § 2 KPC
Art. 39319 KPC

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