Legislator Case Law & Legislation
I PKN 77/96 AI generated

Cassation court dismisses appeal, remands case for retrial due to failure to list civil partnership partners as defendants.

Case Number I PKN 77/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal and remanded the labor dispute for retrial because the first-instance court failed to list the civil partnership partners as defendants. The plaintiff sued only the civil partnership firm, while the defendant argued the plaintiff was at fault for non-attendance. The court ruled that when suing a civil partnership, the plaintiff must name all partners as co-defendants to ensure the judgment is enforceable against their joint assets.

Legislator headnote

AI generated

Art. 864 KC; Art. 778 KPC; Art. 194 KPC; Art. 477 KPC: When suing a civil partnership, the plaintiff must name all partners as defendants; if omitted, the court must summon them to ensure enforceability against joint assets.

Keywords

AI generated
civil partnership liability joint partners defendants enforceability of judgment labor dispute procedure solidary liability cassation appeal dismissal summons of partners

Cited Legislation

AI generated
Art. 864 KC
Art. 778 KPC
Art. 194 KPC
Art. 477 KPC
Art. 393 § 13 KPC

Cited Case Law

AI generated

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