Legislator Case Law & Legislation
II URN 36/96 AI generated

Supreme Court quashes social security court verdict for denying child support due to procedural invalidity from lack of defendant summons.

Case Number II URN 36/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's verdict denying child support payments due to a procedural violation where the defendant was not summoned to participate. The defendant, Waldemar M., had not been notified of the proceedings before the social security organ, violating the requirement for his participation under the Civil Procedure Code. Consequently, the court declared the proceedings void for depriving the defendant of the right to defense and remanded the case for a new trial.

Legislator headnote

AI generated

Art. 477 11 § 2 KPC; Art. 369 pkt 5 KPC: Proceedings conducted without summoning an interested party who did not participate before the social security organ are void as they deprive the party of the right to defense.

Keywords

AI generated
procedural invalidity summons requirement right to defense social security proceedings child support enforcement void proceedings remand for retrial

Cited Legislation

AI generated
art. 477 11 § 2 KPC
art. 369 pkt 5 KPC
art. 154 § 1 i 2 KPA
art. 12 ust. 1 ustawy z dnia 18 lipca 1974 r. o funduszu alimentacyjnym

Cited Case Law

AI generated
II CR 155/75 - OSPiKA 1975 z. 3 s. 66

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