I PZ 71/97
Generato dall'IA
Mislabeling a writ as an appeal does not bar proceedings if it could be heard in the proper manner under Polish Civil Procedure Code.
Sintesi Legislator
Generato dall'IAThe 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.
Regesto Legislator
Generato dall'IAArt. 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.
Parole chiave
Generato dall'IA
mislabeling procedural document
cassation appeal inadmissibility
written judgment justification
procedural track recognition
clerical error in writ
Polish Civil Procedure Code
second instance decision
Disposizioni normative citate
Generato dall'IAArt. 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