III UZ 4/09
AI generated
Supreme Court allows cassation appeal dismissal due to missing lawyer's power of attorney, ruling it a correctable formal defect.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland quashed the appellate court's dismissal of a cassation appeal because the lawyer lacked specific authorization for the Supreme Court. The appellant argued that the general power of attorney was insufficient, while the lower court rejected the appeal under Article 3986 of the Code of Civil Procedure. The court held that missing a specific power of attorney is a correctable formal defect rather than an absolute bar, allowing the lawyer to cure the omission.
Legislator headnote
AI generatedArt. 126 § 3 k.p.c.; Art. 3986 § 1 k.p.c.: The failure to attach a specific power of attorney for a lawyer filing a cassation appeal constitutes a correctable formal defect, not an absolute ground for dismissal, which must be remedied by a summons.
Keywords
AI generated
cassation appeal
power of attorney
formal defect
correctable omission
Supreme Court procedure
legal representation
Code of Civil Procedure
Cited Legislation
AI generatedArt. 126 § 3 k.p.c.
Art. 3986 § 1 k.p.c.
Art. 3986 § 2 k.p.c.
Art. 3984 § 1 k.p.c.
Art. 3984 § 2 k.p.c.
Art. 3941 § 3 k.p.c.
Art. 39815 § 1 k.p.c.
art. 126 § 3 k.p.c
art. 3986 § 1 k.p.c
art. 91 k.p.c
Cited Case Law
AI generatedII UZ 61/99
Supreme Court dismisses appeal due to failure to provide lawyer's power of attorney within court summons deadline.
II UZ 30/98
Supreme Court dismisses appeal when lawyer's power of attorney lacks specific authorization for cassation instance.
III CZ 133/98
III CZP 142/07
Supreme Court rules that civil expense waivers do not cover cassation proceedings and full power of attorney does not automatically include cassation actions.