II PZ 31/06
AI generated
Supreme Court allows appeal against joint judgment in part, ruling value is limited to one defendant's claim.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland overturned the District Court's dismissal of an appeal filed by one of four defendants in a joint bankruptcy case. The appellant's lawyer claimed the appeal covered the entire judgment but specified a value equal to the debt owed only to him. The court ruled that because the lawyer lacked authority to represent the other three defendants, the appeal's subject matter value is limited to the specific claim against the appellant, not the total sum of all claims.
Legislator headnote
AI generatedArt. 368 § 1, Art. 368 § 2 k.p.c.; When an appeal is filed by one defendant in a joint proceeding, the subject matter value is limited to the claim against that specific defendant, excluding claims against other non-appealing parties.
Keywords
AI generated
joint proceedings
subject matter value
appeal scope
representation authority
bankruptcy proceedings
civil procedure code
partial appeal
Cited Legislation
AI generatedArt. 368 § 1 k.p.c.
Art. 368 § 2 k.p.c.
Art. 370 § 1 k.p.c.
Art. 219 k.p.c.
art. 219 k.p.c
art. 368 § 1 k.p.c
art. 368 § 2 k.p.c