II UK 46/05
AI generated
Supreme Court dismisses cassation when appeal withdrawal declaration lacks procedural grounds for review.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a decision to suspend proceedings regarding the withdrawal of an appeal. The appellant argued her lawyer's declaration to withdraw was invalid due to her mental state, but the court found no procedural basis for such a claim. The court ruled that defects in the lawyer's declaration of will are factual matters not subject to cassation review under the relevant civil procedure code.
Legislator headnote
AI generatedArt. 93 k.p.c.; Art. 3931 § 2 k.p.c.: A defect in the declaration of will regarding the withdrawal of an appeal is a matter of factual ascertainment and does not constitute a ground for cassation review.
Keywords
AI generated
withdrawal of appeal
declaration of will
cassation review
procedural defect
lawyer's authority
factual ascertainment
suspension of proceedings
Cited Legislation
AI generatedArt. 93 k.p.c.
Art. 3931 § 2 k.p.c.
Art. 82 k.c.
art. 93 k.p.c
art. 203 § 4 k.p.c
art. 355 § 1 k.p.c
art. 469 k.p.c
art. 91 k.p.c
art. 328 § 2 k.p.c
art. 391 § 1 k.p.c