Legislator Case Law & Legislation
II UKN 632/98 AI generated

Polish Supreme Court dismisses buyer liability for social insurance debts of privatized state enterprise. Buyer of liquidated state enterprise assets is not liable for social insurance contributions. Court rejects civil law debt assumption as basis for social security claims. Buyer of liquidated state enterprise assets is not liable for social insurance contributions under tax liability law.

Case Number II UKN 632/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the Social Insurance Fund's claim against a buyer of a liquidated state enterprise for unpaid social insurance contributions. The buyer argued that only civil law obligations were transferred, while the court found the lower courts erred by applying civil debt assumption rules to social security debts. The court ruled that the specific tax liability statute does not provide a basis for holding the buyer responsible for the predecessor's social insurance obligations.

Legislator headnote

AI generated

Art. 45 ust. 1 ustawy o zobowiązaniach podatkowych; Art. 37 ust. 1 ustawy o prywatyzacji przedsiębiorstw państwowych: A buyer of assets from a liquidated state enterprise is not liable for the predecessor's social insurance contributions under tax liability law.

Keywords

AI generated
state enterprise liquidation social insurance contributions tax liability statute buyer liability privatization transfer civil debt assumption Supreme Court ruling

Cited Legislation

AI generated
Art. 45 ust. 1 of the Act on Tax Obligations
Art. 37 ust. 1 of the Act on Privatization of State Enterprises
Art. 393 of the Code of Civil Procedure
Art. 98 of the Code of Civil Procedure
Regulation of the Minister of Justice on Attorney and Lawyer Fees

Cited Case Law

AI generated
III 5 SA 246/94

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