Legislator Case Law & Legislation
II PZP 7/10 AI generated

Request for judgment reasoning implicitly requests its drafting under Polish Civil Procedure Code Art. 328.

Case Number II PZP 7/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that a request to receive a judgment with reasoning implicitly includes a request for the court to draft that reasoning. The lower court had dismissed the plaintiff's request because no explicit request for drafting was made, arguing that the request was merely for delivery. The Supreme Court held that such a request is always purposeful and that a reasonable recipient would understand it as seeking the drafting of the reasoning, especially given the negative consequences of missing deadlines. The court emphasized that strict literal interpretation would disproportionately limit the right to appeal and violate the right to a court.

Legislator headnote

AI generated

Art. 328 § 1 k.p.c.; żądanie doręczenia wyroku z uzasadnieniem zawiera implicite wniosek o jego sporządzenie.

Keywords

AI generated
implicit request judgment reasoning Civil Procedure Code right to appeal purposeful declaration court drafting procedural deadline

Cited Legislation

AI generated
Art. 328 § 1 k.p.c.
Art. 331 k.p.c.
Art. 387 § 1 k.p.c.
Art. 369 k.p.c.
Art. 45 Konstytucji
Art. 78 Konstytucji
Art. 86 k.p.c.
art. 328 § 1 k.p.c
art. 387 § 1 k.p.c
art. 331 k.p.c

Cited Case Law

AI generated
I CK 231/04

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