Legislator Case Law & Legislation
I PKN 570/98 AI generated

Supreme Court dismissed cassation where coercion claims excluded application of general voidness provisions under Polish Civil Code.

Case Number I PKN 570/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by two employees against their employer regarding a termination of their employment contracts. The employees argued that their consent to new contract terms was obtained under duress and violated general principles of coexistence, while the employer contended the situation did not meet the strict statutory requirements for voidability. The court ruled that since the alleged coercion did not satisfy the specific elements of the relevant articles, the general provisions on voidness could not be applied, thereby upholding the lower court's decision.

Legislator headnote

AI generated

Art. 84, 87, 58 § 1 i 2 KC; If the challenge to a declaration of will relies solely on error or threat under Art. 84 and 87 KC, the application of Art. 58 § 1 and 2 KC is inadmissible.

Keywords

AI generated
Polish Civil Code void declaration of will coercion and threat employment contract termination general principles of coexistence cassation appeal dismissal statutory requirements

Cited Legislation

AI generated
Art. 84 KC
Art. 87 KC
Art. 58 § 1 i 2 KC
Art. 88 § 2 KC
Art. 393 § 12 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text