Legislator Case Law & Legislation
II PZ 63/05 AI generated

Supreme Court allows appeal despite missing formal request, finding substantive legal issue suffices.

Case Number II PZ 63/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court overturned the District Court's dismissal of the cassation appeal, ruling that the lower court erred in rejecting the appeal solely for lacking a formally separated request. Although the appellant failed to explicitly isolate the request for admission to the proceedings, the appeal clearly raised a significant legal issue warranting review. The Court held that the substantive indication of a legal question within the appeal text implicitly constitutes the necessary request and justification, preventing the lower court from dismissing it on formal grounds.

Legislator headnote

AI generated

Art. 3984 § 1 pkt 3 k.p.c.; Art. 3989 § 1 k.p.c.: A cassation appeal lacking a formally separated request for admission is admissible if it substantively indicates a significant legal issue, as such indication implicitly serves as the request and justification required by law.

Keywords

AI generated
cassation appeal admissibility significant legal issue formal request separation substantive indication sufficiency procedural dismissal error

Cited Legislation

AI generated
Art. 3984 § 1 pkt 3 k.p.c.
Art. 3986 § 2 k.p.c.
Art. 3989 § 1 k.p.c.
Art. 60 k.c.
Art. 65 k.c.
art. 3984 § 1 pkt 3 k.p.c
art. 3984 § 1 k.p.c
art. 3986 § 2 k.p.c
art. 65 k.c
art. 3989 § 1 k.p.c

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