I PKN 77/96
AI generated
Cassation court dismisses appeal, remands case for retrial due to failure to list civil partnership partners as defendants.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 864 KC
Art. 778 KPC
Art. 194 KPC
Art. 477 KPC
Art. 393 § 13 KPC