Legislator Case Law & Legislation
II UKN 121/00 AI generated

Supreme Court dismisses cassation; omitting evidence request does not invalidate proceedings or deny defense rights under Polish Civil Procedure Code.

Case Number II UKN 121/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a veteran seeking a disability pension for political imprisonment. The appellant argued that the appellate court erred by ignoring a private medical opinion without examining the author, violating procedural rights. The court held that omitting an evidence request does not constitute a procedural defect warranting invalidation or denial of defense rights. Consequently, the court ruled that the appellant could only challenge factual findings, not the validity of the proceedings themselves.

Legislator headnote

AI generated

art. 379 pkt 5 KPC; art. 382 KPC; art. 393 KPC: Omitting a party's evidence request does not deprive them of defense rights or justify a claim of procedural invalidity; such omissions only allow challenging factual findings, not the proceedings' validity.

Keywords

AI generated
cassation appeal dismissal procedural invalidity claim evidence request omission defense rights protection police pension dispute medical expert opinion political imprisonment disability

Cited Legislation

AI generated
art. 379 pkt 5 KPC
art. 382 KPC
art. 393 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text