Legislator Case Law & Legislation
III RN 51/02 AI generated

Supreme Court dismissed extraordinary review, ruling inquiry procedures cannot decide on disputed facts requiring court verification.

Case Number III RN 51/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review against a decision refusing to issue a land certificate. The applicant sought verification of land boundaries, arguing for an administrative inquiry under the Civil Procedure Act, while the authorities contended this was merely an information request. The court held that because the underlying facts were disputed and required verification, the administrative inquiry procedure was inapplicable, as it is limited to confirming known facts.

Legislator headnote

AI generated

Art. 218 § 2 k.p.a.; Art. 393 § 12 k.p.c.: An administrative inquiry procedure is limited to confirming known facts and cannot be used to resolve disputed issues requiring judicial verification.

Keywords

AI generated
administrative inquiry procedure land certificate issuance disputed factual issues extraordinary review dismissal civil procedure act administrative verification boundary determination

Cited Legislation

AI generated
Art. 218 § 2 k.p.a.
Art. 393 § 12 k.p.c.
Art. 24 of the Geodesy and Cartography Act
Art. 217 k.p.a.
Art. 138 § 1 pkt 1 k.p.a.
art. 218 § 2 k.p
art. 217 § 2 k.p
art. 144 k.p
art. 15 k.p
art. 218 k.p

Cited Case Law

AI generated
II SA/Gd 1241/96
III SA 1292/97

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