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