Appeal by unauthorized lawyer dismissed; sanction is exclusion from proceedings, not rejection of appeal.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the appellant's protest against the appellate court's rejection of an appeal filed by an unauthorized lawyer. The lower court rejected the appeal because the lawyer failed to submit a required declaration proving he was not employed, arguing this was a formal defect. The Supreme Court ruled that while the lawyer lacked capacity to represent the client, the appeal itself must be processed if the client confirms it, and the sanction for non-compliance is exclusion from the case, not dismissal of the appeal.
Regesto Legislator
Generato dall'IAArt. 89 § 3 k.p.c.; Art. 328 § 2 k.p.c.; Art. 361 k.p.c.; Art. 391 § 1 k.p.c.; Art. 393 k.p.c.; Art. 397 k.p.c.; Art. 386 k.p.c.: The sanction for a lawyer's failure to comply with a court order to submit a declaration is exclusion from proceedings, not the rejection of the appeal filed by that lawyer.