Legislator Case Law & Legislation
I PZ 71/97 AI generated

Mislabeling a writ as an appeal does not bar proceedings if it could be heard in the proper manner under Polish Civil Procedure Code.

Case Number I PZ 71/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 headnote

AI generated

Art. 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.

Keywords

AI generated
mislabeling procedural document cassation appeal inadmissibility written judgment justification procedural track recognition clerical error in writ Polish Civil Procedure Code second instance decision

Cited Legislation

AI generated
Art. 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

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