I UZ 40/05 AI generated

Supreme Court allows appeal against dismissal of request to restore deadline for serving judgment with reasoning.

Case Number I UZ 40/05

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2006-01-17

Outcome Partially Allowed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court partially overturned a lower court's dismissal of an insured's request to restore a procedural deadline. The insured argued he was incapacitated by severe back pain for the final three days before the deadline, supported by medical records and testimony. The court held that an unforeseen illness occurring even on the last day of the deadline justifies restoring the time limit, and that the lower court's partial ruling on the appeal was procedurally flawed.

Legislator headnote

AI generated

Art. 168 k.p.c.; Art. 380 k.p.c.; An unforeseen illness preventing the performance of a procedural act, even if it occurs on the last day of the deadline, constitutes a valid ground for restoring the time limit; a ruling on an appeal against a dismissal of a request to restore a deadline must involve the annulment or modification of the entire contested decision.

Keywords

AI generated

procedural deadline restoration of time unforeseen illness medical incapacity civil procedure code appeal against dismissal procedural remedy

Cited Legislation

AI generated

Art. 168 k.p.c.

Art. 380 k.p.c.

Art. 3941 § 3 k.p.c.

Art. 39816 k.p.c.

art. 380 k.p.c

art. 3941 § 2 k.p.c

art. 168 § 1 k.p.c

art. 169 § 2 k.p.c

art. 233 § 1 k.p.c

art. 216 k.p.c

Cited Case Law

AI generated

IV PZ 82/86

III CRN 461/68

I CZ 31/02

Supreme Court allows appeal against dismissal of request to restore deadline for serving judgment with reasoning.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Cited Case Law

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