Legislator Case Law & Legislation
I PKN 191/98 AI generated

Supreme Court dismisses labor claim where parties knowingly chose contract for work avoidance without intent to evade law.

Case Number I PKN 191/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Felix M.'s appeal seeking to reclassify eighteen consecutive service contracts as employment contracts. The court found that Felix M. knowingly signed these contracts without objections, while the Agency employed him under service agreements to avoid labor law obligations. Consequently, the court ruled that the parties' mutual intent and the contract's purpose, rather than its name, determined its legal nature, rejecting the claim of legal avoidance.

Legislator headnote

AI generated

Art. 300 KPC; Art. 65 KC; Art. 3531 KC: The type of contract is determined by the parties' mutual intent and the contract's purpose, not its name, and a contract is valid unless it lacks a legal basis or is void due to other statutory grounds.

Keywords

AI generated
contract classification mutual intent service contract labor law avoidance employee privilege contract validity party autonomy

Cited Legislation

AI generated
Art. 300 KPC
Art. 65 KC
Art. 3531 KC
Art. 39315 KPC

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