Legislator Case Law & Legislation
III SZ 1/07 AI generated

Supreme Court allows appeal by lawyer acting as party, rejecting lower court's application of strict representation rules.

Case Number III SZ 1/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's dismissal of a lawyer's appeal filed personally as a party. The lower court incorrectly applied Article 3701 of the Civil Procedure Code, which mandates specific appeal formatting for lawyers acting as representatives, to a lawyer acting as a party in their own case. The Supreme Court ruled that procedural rigor must be uniform for all parties before the Supreme Court, but the specific strictures of Article 3701 do not apply to parties who are themselves lawyers, as they do not require mandatory representation.

Legislator headnote

AI generated

Art. 3701 k.p.c.; Art. 871 § 2 k.p.c. The strict formatting requirements for appeals by lawyers acting as representatives under Article 3701 of the Civil Procedure Code do not apply to a lawyer acting as a party in their own case, as the special rules regarding mandatory representation and the specific consequences of Article 3701 are inapplicable to parties exercising their own professional status.

Keywords

AI generated
Civil Procedure Code lawyer as party mandatory representation appeal formatting Supreme Court procedure procedural rigor legal professional status

Cited Legislation

AI generated
Art. 3701 k.p.c.
Art. 368 § 1 pkt 5 k.p.c.
Art. 373 k.p.c.
Art. 871 § 1 k.p.c.
Art. 871 § 2 k.p.c.
Art. 3986 § 2 k.p.c.
Art. 4248 § 1 k.p.c.
Art. 3941 § 3 k.p.c.
Art. 39815 § 1 k.p.c.
art. 368 § 1 pkt 5 k.p.c

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text