Legislator Case Law & Legislation
I PZ 40/01 AI generated

Supreme Court dismisses appeal; appellate court not required to specify missing circumstances for cassation rejection.

Case Number I PZ 40/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellants' appeal against the appellate court's rejection of their cassation. The appellate court rejected the cassation because the appellants failed to present specific circumstances justifying its examination, a requirement introduced by the Civil Procedure Code. The Supreme Court ruled that the appellate court was not obligated to explicitly identify these missing circumstances in its decision, as the statutory requirement is a distinct condition separate from the general grounds and reasoning of the cassation.

Legislator headnote

AI generated

Art. 3933 § 1 pkt 3 KPC; Art. 3935 KPC: The requirement to present circumstances justifying the examination of a cassation is a constitutive feature of the cassation itself; the appellate court is not obliged to specify which circumstances were not presented when rejecting the cassation.

Keywords

AI generated
cassation procedure appellate court obligations missing circumstances rejection of cassation Civil Procedure Code constructive requirement formal defect

Cited Legislation

AI generated
Art. 3933 § 1 pkt 3 KPC
Art. 3935 KPC
Art. 130 KPC
Art. 385 KPC
Art. 397 § 2 KPC
Art. 39318 § 1 KPC
Art. 39318 § 3 KPC
Art. 328 § 2 KPC
Art. 361 KPC

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