I PKN 400/01
AI generated
Appeal hearing held despite postponement request invalidates proceedings unless lawyer's illness was unforeseeable and insurmountable.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal, ruling that the appeal hearing was valid despite a lawyer's request to postpone it due to illness. The court found the lawyer's condition did not constitute an unforeseeable or insurmountable obstacle, as he could have appointed a substitute or attended personally. Consequently, the procedural defect alleged under Article 379(5) of the Code of Civil Procedure was not established.
Legislator headnote
AI generatedArt. 379 pkt 5 k.p.c.; Art. 214 k.p.c.; Art. 391 § 1 k.p.c.: A court hearing held without a postponement request granted is valid unless the lawyer's illness was a sudden, unforeseeable event that could not be overcome, allowing for a substitute or personal attendance.
Keywords
AI generated
postponement request
lawyer illness
procedural invalidity
unforeseeable obstacle
substitute counsel
Code of Civil Procedure
cassation appeal
Cited Legislation
AI generatedArt. 379 pkt 5 k.p.c.
Art. 214 k.p.c.
Art. 391 § 1 k.p.c.
Art. 393 § 12 k.p.c.
art. 379 pkt 5 k.p.c
art. 61 k.c
art. 264 § 1 k.p
art. 376 k.p.c
art. 165 § 2 k.p.c
art. 214 k.p.c
Cited Case Law
AI generatedI CKN 19/99
I PRN 8/81
I PKN 546/99
Supreme Court dismisses appeal on invalid contract and lawyer fee list submission rules under Polish Civil Procedure Code.
I CRN 150/95
II CKN 687/98