Legislator Case Law & Legislation
I PKN 247/98 AI generated

Supreme Court allows union claim against bankrupt company's social fund, ruling bankruptcy does not extinguish the fund's assets.

Case Number I PKN 247/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland allowed the union's claim against the bankrupt company's social fund, overturning lower courts that dismissed it. The union argued that bankruptcy proceedings should not have extinguished the fund's assets, which were legally distinct from the company's general estate. The court held that bankruptcy does not eliminate the fund's purpose or its assets, thereby permitting the union to pursue the debt.

Legislator headnote

AI generated

Art. 62 ust. 1 Prawa upadłościowego; Art. 15 Prawa upadłościowego: Bankruptcy proceedings do not extinguish the assets of a social fund, allowing creditors to claim against them.

Keywords

AI generated
bankruptcy proceedings social fund assets union claim estate exclusion creditor rights

Cited Legislation

AI generated
Art. 62 ust. 1 of the Bankruptcy Law
Art. 15 of the Bankruptcy Law
Art. 12 ust. 2 of the Social Fund Act
Art. 22 § 1 of the Bankruptcy Law

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