II BP 3/05
AI generated
Supreme Court dismissed appeal for non-compliance with law regarding late statute of limitations objection.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's complaint for non-compliance with law regarding a final judgment awarding damages. The appellant raised a statute of limitations objection for the first time during the appeal, arguing he was unaware of the requirement to object separately in the first instance. The court ruled that since the objection was not raised earlier and the first-instance judgment was procedurally correct, the delay does not render the judgment unlawful.
Legislator headnote
AI generatedArt. 4244 k.p.c.; Art. 381 k.p.c.: A judgment is not unlawful for non-compliance with law if the court correctly failed to consider a statute of limitations objection raised late in proceedings, as the court cannot act ex officio on limitation periods.
Keywords
AI generated
statute of limitations
non-compliance with law
appeal procedure
ex officio action
labor claims
procedural default
final judgment
Cited Legislation
AI generatedArt. 4244 k.p.c.
Art. 381 k.p.c.
Art. 291 § 2 k.p.
art. 4244 k.p.c
art. 291 § 2 k.p
art. 5 k.p.c
art. 381 k.p.c
art. 117 § 2 k.c
art. 300 k.p
art. 316 § 1 k.p.c