Appeal dismissed; failure to raise procedural objection under Art. 162 CPC forfeits the claim in cassation.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's cassation appeal against a labor dispute judgment regarding a non-compete agreement. The appellant argued the lower court erred by enforcing a non-compete clause signed by a non-authorized representative, but failed to raise this procedural defect under Article 162 of the Code of Civil Procedure during the appeal stage. The court ruled that such a failure results in the irrevocable loss of the objection, rendering the substantive argument inadmissible in the cassation proceedings.
Legislator headnote
AI generatedArt. 162 k.p.c.; Art. 210 § 1 k.s.h.; Art. 58 § 1 k.c.: Failure to raise a procedural objection under Article 162 of the Code of Civil Procedure during the appeal results in the irrevocable loss of that objection, precluding its consideration in cassation proceedings.