Legislator Case Law & Legislation
I PKN 251/97 AI generated

Supreme Court allows appeal for invalidating a voluntary act caused by a trick regarding motivational reasons under Art. 86 KC.

Case Number I PKN 251/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland allowed the cassation appeal against a lower court's dismissal of a teacher's claim to return to work. The teacher argued she entered an inactive status due to a promise of future employment, which was a trick by the school director. The court found that lower courts incorrectly treated this as a mistake of law rather than a trick inducing a mistake in the motivational sphere. Consequently, the Supreme Court ordered a retrial with additional evidence gathering to determine if the director's promise constituted a trick.

Legislator headnote

AI generated

Art. 86 § 1 KC; A voluntary act induced by a trick may be invalidated if the mistake concerns the motivational sphere, which serves as the cause for the declaration of will, without requiring the mistake to relate to the act's content itself.

Keywords

AI generated
mistake induced by trick motivational sphere invalidation of declaration cassation appeal teacher employment status art 86 KC procedural error

Cited Legislation

AI generated
Art. 86 § 1 KC
Art. 20 ust. 6 Karty Nauczyciela
Art. 299 KPC
Art. 393 § 13 KPC

Cited Case Law

AI generated
I CR 400/69, OSNCP 1970 z. 12 poz 225

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