Legislator Case Law & Legislation
II UKN 543/97 AI generated

Supreme Court dismisses appeal on statute of limitations for compensatory pension starting from injury discovery.

Case Number II UKN 543/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court's judgment that rejected the plaintiff's claim for a compensatory pension. The plaintiff argued for a limitation period starting from the accident date, while the defendant contended the claim was time-barred. The court ruled that the limitation period begins only when the victim discovers both the injury and the liable party, even if economic loss has not yet occurred.

Legislator headnote

AI generated

Art. 442 § 1 zd. 1 KC; Art. 393 § 12 KPC; The limitation period for a compensatory pension claim commences from the date the victim becomes aware of the injury and the liable party, regardless of the existence of economic loss at that time.

Keywords

AI generated
statute of limitations compensatory pension workplace accident discovery rule civil liability limitation period injury discovery

Cited Legislation

AI generated
Art. 442 § 1 zd. 1 KC
Art. 393 § 12 KPC
Art. 98 KPC
Art. 435 KC
Art. 415 KC
Art. 417 KC
Art. 444 § 1 i 2 KC

Cited Case Law

AI generated
III PO 6/62
III CRN 101/86
III CZP 43/68

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text