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II UZ 28/07 AI generated

Supreme Court quashes appeal court order for failure to inform unrepresented party of right to reasoned judgment.

Case Number II UZ 28/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court quashed the appeal court's decision rejecting the insured's request to restore the deadline for requesting a reasoned judgment. The insured, acting without legal counsel, missed the deadline after being told the judgment was final but could be appealed via an attorney, without receiving specific instructions on requesting the reasoning. The court held that informing a party about the mandatory attorney requirement does not equate to informing them of their right to a reasoned judgment, necessitating a new hearing to assess the missed deadline.

Legislator headnote

AI generated

Art. 327 § 1 k.p.c.; Art. 387 § 1 k.p.c.; Art. 387 § 3 k.p.c.: In proceedings where an appeal is dismissed, the court must inform an unrepresented party of their right to request a reasoned judgment; mere notification of the attorney requirement does not satisfy this obligation.

Keywords

AI generated
reasoned judgment request restoration of deadline unrepresented party mandatory attorney rule procedural notification

Cited Legislation

AI generated
Art. 327 § 1 k.p.c.
Art. 387 § 1 k.p.c.
Art. 387 § 3 k.p.c.
Art. 394 § 3 k.p.c.
Art. 398 § 1 k.p.c.
art. 391 § 1 k.p.c
art. 871 k.p.c
art. 387 § 1 k.p.c
art. 387 § 3 k.p.c
art. 168 § 1 k.p.c

Cited Case Law

AI generated
II PZ 47/05
Supreme Court allows appeal against dismissal of service request when court notice error excuses late filing.

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