I PKN 245/98
AI generated
Supreme Court allows hidden civil contract for director's management duties despite apparent employment agreement.
Legislator summary
AI generatedThe Supreme Court quashed lower court rulings that declared an employment contract void because the sole shareholder acted as both employer and employee. The court found that while the formal contract was flawed, the shareholder performed distinct commercial tasks like marketing and inventory management that exceeded typical board duties. Consequently, the court ruled that the relationship could be characterized as a valid hidden civil law contract rather than a void employment relationship.
Legislator headnote
AI generatedArt. 83 § 1 KC; Art. 58 § 3 KC: A director's management functions may constitute a valid civil law contract, even if disguised as an employment agreement, provided the performed duties differ from those of a board member.
Keywords
AI generated
hidden civil contract
sole shareholder liability
employment relationship voidness
management duties
commercial activities
Supreme Court cassation
civil law contract
Cited Legislation
AI generatedArt. 83 § 1 KC
Art. 58 § 3 KC
Art. 411 pkt 1 i 2 KC
Art. 494 w związku z art. 496 KC
Art. 409 KC
Art. 393 § 1 KPC