II UZ 10/07
AI generated
Civil procedure appeal request valid if received by competent court within statutory deadline even if mailed to wrong court.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's request to have a procedural order regarding the delivery of a judgment's reasoning revoked. The appellant argued that the request was timely because it was mailed before the deadline, despite being sent to the wrong court and arriving late. The court held that a procedural act is valid only if it reaches the competent court within the statutory period, regardless of where it was initially addressed.
Legislator headnote
AI generatedArt. 387 § 1, 3 k.p.c.; Art. 165 § 2 k.p.c.: A procedural act is deemed timely if the competent court receives it within the statutory period, even if it was incorrectly addressed to another court, provided the mailing occurred before the deadline.
Keywords
AI generated
civil procedure code
statutory deadline
competent court
incorrect address
postal transmission
procedural act validity
appeal request
Cited Legislation
AI generatedArt. 387 § 1 k.p.c.
Art. 387 § 3 k.p.c.
Art. 165 § 2 k.p.c.
Art. 328 § 1 k.p.c.
Art. 391 § 1 k.p.c.
Art. 398 § 14 k.p.c.
Art. 394 § 3 k.p.c.
art. 387 § 3 k.p.c
art. 391 § 1 k.p.c
art. 165 § 2 k.p.c
Cited Case Law
AI generatedI CO 20/55
I PZ 80/65
III CZ 183/73
III VCZP 33/87
III CKN 722/98
C.III. 1296/35