Legislator Case Law & Legislation
II UZ 38/08 AI generated

Supreme Court allows cassation appeal when formal defects are cured by mailing to correct court address despite wrong name.

Case Number II UZ 38/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland allowed the cassation appeal against the Social Insurance Fund's rejection of a social pension claim. The applicant argued that the seven-day deadline to cure formal defects was met because the supplementary document was mailed to the correct court's address in Gdańsk, even though the court name was mistakenly labeled as the District Court. The Court ruled that the deadline was preserved because the mailing address correctly identified the Social Insurance Department's location in Gdańsk, and the error in the court's name did not affect the recipient's identity. Furthermore, the Court clarified that the signature requirement applies only to the main process document, not its copies, thereby validating the submission.

Legislator headnote

AI generated

Art. 3986 § 2 k.p.c.; Art. 126 § 1 pkt 4 k.p.c.; Art. 128 k.p.c.; If a party mails a document to the correct court address despite a clerical error in the court's name, the deadline is preserved; the signature requirement applies only to the main process document, not its copies.

Keywords

AI generated
cassation appeal formal defects mailing address deadline preservation court name clerical error signature requirement process document social insurance pension claim procedural deadline calculation address identification recipient

Cited Legislation

AI generated
Art. 3986 § 2 k.p.c.
Art. 126 § 1 pkt 4 k.p.c.
Art. 128 k.p.c.
Art. 3941 § 3 k.p.c.
Art. 39816 k.p.c.
art. 3986 § 2 k.p.c
art. 165 § 2 k.p.c
art. 126 § 1 pkt 4 k.p.c
art. 128 k.p.c
art. 39816 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