Legislator Case Law & Legislation
I PK 205/07 AI generated

Supreme Court dismisses late restitutory claim due to procedural defects and lack of specification.

Case Number I PK 205/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the defendant's late request for restitution of executed performance, ruling that the lower court correctly rejected it. The defendant submitted the request on the day of the appeal hearing without specifying the claim amount or factual basis, violating procedural requirements. The court held that such a belated and insufficiently detailed request should have been rejected for formal defects rather than merits.

Legislator headnote

AI generated

Art. 415 k.p.c.; Art. 398 § 1 k.p.c.: A request for restitution of executed performance must be filed in time and contain a specific claim with factual and evidentiary basis; a belated, unspecific request is inadmissible.

Keywords

AI generated
restitution of executed performance procedural time limits specificity of claim factual basis requirement inadmissibility of late request

Cited Legislation

AI generated
Art. 415 k.p.c.
Art. 398 § 1 k.p.c.
Art. 776 k.p.c.
Art. 409 k.c.
art. 415 k.p.c
art. 409 k.c
art. 776 k.p.c
art. 39815 § 1 k.p.c

Cited Case Law

AI generated

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