I PKN 194/97
Generato dall'IA
Supreme Court dismisses appeal because plaintiff failed to prove delay in requesting judgment copy was without fault.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the plaintiff's cassation appeal, ruling that the lower court's restoration of the deadline for requesting the judgment copy was unjustified. Although the plaintiff was absent from hearings due to illness, the court found this did not excuse the significant delay in filing the request for the judgment copy. The decision held that mere absence or lack of knowledge of the verdict does not constitute a fault-free delay under the Civil Procedure Code.
Regesto Legislator
Generato dall'IAArt. 169 § 1 KPC; Art. 3938 § 1 KPC: A party's absence from a hearing does not justify a late request for a judgment copy unless the delay was caused without their fault, and the party must prove such circumstances to the court.
Parole chiave
Generato dall'IA
cassation appeal dismissal
request for judgment copy
restoration of deadline
fault-free delay
Civil Procedure Code
Disposizioni normative citate
Generato dall'IAArt. 169 § 1 KPC
Art. 3938 § 1 KPC
Art. 3934 KPC
Giurisprudenza citata
Generato dall'IAI CKN 91/96
I CKN 45/97
III CZP 77/67