Legislator Case Law & Legislation
I PKN 418/00 AI generated

Supreme Court dismisses appeal; incomplete power of attorney deemed valid for appeal; appeal inadmissible due to procedural error.

Case Number I PKN 418/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the defendants against the appellate court's rejection of their appeal. Although the lawyer's power of attorney appeared incomplete due to crossed-out text, the court ruled that the general authorization implicitly covered all procedural acts, including the appeal. Furthermore, the court determined the appeal itself was inadmissible because the defendants attempted to file a cassation against a decision rejecting an appeal, which is not permitted under the Civil Procedure Code.

Legislator headnote

AI generated

Art. 88, 91 KPC; Art. 368, 370, 39312 KPC: A power of attorney granting general authority implicitly covers all procedural acts unless explicitly excluded; a cassation appeal against a decision rejecting an appeal is inadmissible.

Keywords

AI generated
power of attorney cassation appeal inadmissible appeal Civil Procedure Code procedural defect general authorization Supreme Court

Cited Legislation

AI generated
Art. 88 KPC
Art. 91 KPC
Art. 368 KPC
Art. 370 KPC
Art. 39312 KPC
Art. 397 § 2 KPC
Art. 126 § 3 KPC
Art. 394 § 1 KPC
Art. 39318 KPC

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