Supreme Court dismisses appeal because legal representative cannot make substantive set-off declarations for the client.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court of Poland dismissed the cassation appeal, remanding the case for a new ruling on costs. The lower court rejected the plaintiff's claim for payment, but the defendant argued that a valid set-off existed because his legal representative had declared the debt to the plaintiff's agent. The court held that under Article 91 of the Civil Procedure Code, a legal representative lacks the authority to make declarations that alter the client's substantive material-legal situation, such as set-offs. Consequently, the court ruled that the set-off was not effectively established, leaving the procedural question of the debt's validity for the lower court to resolve.
Regesto Legislator
Generato dall'IAArt. 91 k.p.c.; Art. 498 § 2 k.c.; A legal representative cannot make declarations that alter the client's substantive material-legal situation, such as set-offs, as these require the client's direct intent.