Employee liable for jointly managed property cannot fully exempt liability for negligence despite employer's contribution.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by employees against a lower court judgment awarding damages for fuel shortages. The court found that while the employer contributed to the loss through faulty equipment and lack of supervision, the employees' specific negligence in their duties prevented them from using Article 124 § 3 of the Code of Obligations to fully exempt themselves. Consequently, the judgment upholding partial liability for the employees' specific faults was confirmed as legally sound.
Legislator headnote
AI generatedArt. 124 § 3 Kodeksu cywilnego; Art. 125 Kodeksu cywilnego: An employee jointly liable for property cannot completely exempt themselves from liability for shortages if their specific negligence caused the loss, regardless of the employer's contribution.