Legislator Case Law & Legislation
I UZ 13/06 AI generated

Appeal dismissed because vacation travel justified missing deadline; lower court erred in finding fault.

Case Number I UZ 13/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's decision rejecting an appeal filed late due to vacation travel. The appellant argued that her absence from her residence during summer holidays prevented timely receipt of the judgment, which was only delivered to her mother-in-law. The court held that such travel justifies a missed deadline if service occurred after the substitute service date, and the lower court improperly found the appellant at fault without evidence.

Legislator headnote

AI generated

Art. 138 § 1 k.p.c.; Art. 373 k.p.c.; Art. 168 § 1 k.p.c.: Traveling away from one's residence during vacation constitutes a valid excuse for missing a procedural deadline if actual service occurred after substitute service.

Keywords

AI generated
procedural deadline vacation travel substitute service appellate review civil procedure code

Cited Legislation

AI generated
Art. 138 § 1 k.p.c.
Art. 373 k.p.c.
Art. 168 § 1 k.p.c.
Art. 299 k.p.c.
Art. 394 § 3 k.p.c.
Art. 398 § 16 k.p.c.
art. 138 § 1 k.p.c
art. 373 k.p.c
art. 168 § 1 k.p.c
art. 168 k.p.c

Cited Case Law

AI generated
III CKN 1118/98
III CZP 77/67

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