Delayed salary payment allowed to offset interest first under Civil Code Art. 451 § 1 sentence 2.
Legislator summary
AI generatedThe 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 generatedArt. 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.