Legislator Case Law & Legislation
I PKN 5/96 AI generated

Supreme Court dismisses cassation against a second-instance order granting enforceability clause in civil execution proceedings.

Case Number I PKN 5/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court rejected the appellant's cassation appeal against a lower court's order granting an enforceability clause in civil execution proceedings. The appellant argued that material and procedural errors regarding the plaintiff's readiness to work and lack of evidence should have prevented the order. The court ruled that cassation is not available against such orders in execution proceedings, as they fall under specific appeal rules rather than the general cassation system.

Legislator headnote

AI generated

Art. 13 § 2 KPC; Art. 775 § 1 KPC: In civil execution proceedings, cassation does not lie against a second-instance court's order granting an enforceability clause, as such orders are excluded from the general cassation system and governed by specific appeal provisions.

Keywords

AI generated
civil execution proceedings enforceability clause cassation inadmissibility second instance order civil procedure code

Cited Legislation

AI generated
Art. 13 § 2 KPC
Art. 775 § 1 KPC
Art. 393 § 8 KPC

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