Legislator Case Law & Legislation
II UKN 105/98 AI generated

Supreme Court dismisses appeal due to res judicata when same claim was previously adjudicated between identical parties.

Case Number II UKN 105/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the applicant's cassation appeal against a final judgment denying her family pension. The court found that the applicant had previously filed a lawsuit for alimony against her deceased husband, which was validly discontinued, establishing a final judicial determination on her lack of alimony rights. Consequently, the court ruled that the current pension claim constituted the same legal issue between the same parties, triggering the principle of res judicata under the Code of Civil Procedure. The appeal was rejected because the matter had already been conclusively decided in the earlier proceedings.

Legislator headnote

AI generated

Art. 393 § 1 KPC; Art. 379 § 3 KPC; Art. 199 § 1 pkt 2 KPC: When a dispute between the same parties regarding the same claim has already been finally adjudicated, subsequent proceedings on that identical claim must be dismissed as barred by the principle of res judicata.

Keywords

AI generated
res judicata final judgment same parties same claim Code of Civil Procedure family pension alimony rights

Cited Legislation

AI generated
art. 393 § 1 KPC
art. 379 § 3 KPC
art. 199 § 1 pkt 2 KPC
art. 41 ust. 3 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin
art. 393 § 2 § 1 KPC
art. 393 § 5 KPC
art. 385 w związku z art. 397 i art. 393 § 18 KPC

Cited Case Law

AI generated
postanowienie z dnia 10 listopada 1988 r. Sądu Rejonowego w Szczecinie
wyrok z dnia 11 maja 1989 r. Sądu Wojewódzkiego-Sądu Pracy i Ubezpieczeń Społecznych w Białymstoku

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