Legislator Case Law & Legislation
II UKN 590/98 AI generated

Supreme Court quashes appeal judgment for failing to resolve expert opinion contradictions via oral clarification under Civil Procedure Code.

Case Number II UKN 590/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's judgment and remanded the case for a new decision on costs. The applicant argued that contradictions between expert opinions and his treating physician's report required an oral clarification under the Civil Procedure Code. The court held that the appellate court improperly relied on conflicting expert opinions without first resolving these discrepancies through an oral supplement, violating procedural fairness.

Legislator headnote

AI generated

Art. 381 KPC; Art. 286 KPC: If a court of second instance admits evidence creating doubts regarding expert opinions from the first instance, it must resolve these doubts, at least by requesting an oral clarification of the written opinion.

Keywords

AI generated
Civil Procedure Code expert opinion contradictions oral clarification requirement second instance procedure evidence assessment rules injury compensation case procedural fairness violation

Cited Legislation

AI generated
art. 381 KPC
art. 286 KPC
art. 233 § 1 KPC
art. 382 KPC
art. 393 § 1 KPC
art. 108 § 2 KPC

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