Legislator Case Law & Legislation
I PKN 88/98 AI generated

Delayed salary payment allowed to offset interest first under Civil Code Art. 451 § 1 sentence 2.

Case Number I PKN 88/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's judgment regarding the order of debt offsetting for delayed salary payments. The plaintiff, a court bailiff, argued that his delayed remuneration and commission should first cover interest on the employer's debt. The court held that while the creditor generally chooses the primary debt, the creditor can prioritize offsetting ancillary obligations like interest on that specific debt. The cassation complaint was rejected for being too general and lacking concrete facts, leading to a remand for a corrected decision on the monetary effects.

Legislator headnote

AI generated

Art. 451 § 1 zdanie 2 KC; Art. 300 KP: The creditor may offset a payment primarily on ancillary obligations related to the chosen debt, such as overdue interest, before the principal debt itself.

Keywords

AI generated
delayed salary payment debt offsetting order interest on debt civil code provision cassation complaint rejection remand for retrial court bailiff remuneration

Cited Legislation

AI generated
Art. 451 § 1 zdanie 2 KC
Art. 300 KP
Art. 393 § 3 KPC
Art. 295 § 1 pkt. 2 K.P.
Art. 229 KPC
Art. 232 KPC
Art. 233 § 1 KPC

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