I PZ 71/97
KI-generiert
Mislabeling a writ as an appeal does not bar proceedings if it could be heard in the proper manner under Polish Civil Procedure Code.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court of Poland modified the lower court's decision to reject the appellant's appeal, ruling that the writ was procedurally invalid. The appellant had mislabeled a request for a ruling on the lack of a written judgment as a cassation appeal, which was inadmissible due to the case's value and the nature of the contested order. The court held that a clerical error in naming the writ does not prevent its processing, provided the document could be accepted under the correct procedural track.
Legislator-Regeste
KI-generiertArt. 130 § 1 zdanie drugie KPC; Art. 392 § 1 KPC; Art. 393 KPC: A mislabeling of a procedural document as a cassation appeal does not preclude its examination if it is permissible to recognize it in the proper manner.
Schlagwörter
KI-generiert
mislabeling procedural document
cassation appeal inadmissibility
written judgment justification
procedural track recognition
clerical error in writ
Polish Civil Procedure Code
second instance decision
Zitierte Gesetzesbestimmungen
KI-generiertArt. 130 § 1 zdanie drugie KPC
Art. 392 § 1 KPC
Art. 393 KPC
Art. 369 § 2 KPC
Art. 393 pkt 6 KPC
Art. 393 2 KPC