State liability for post-liquidation debts is barred by Art. 40 KC; only syndicate agreements cover occupational disease claims.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a judgment awarding compensation to the plaintiff's family for her husband's occupational disease. The plaintiff argued the State was liable because the Ministry failed to execute a statutory delegation regarding the liquidated enterprise's debts. The court held that Article 40 of the Civil Code does not impose liability for obligations arising after the enterprise's liquidation, as the State's responsibility is limited to the value of assets acquired at the time of transfer. Consequently, the claim was rejected because the occupational disease occurred post-liquidation and was not covered by the syndicate agreement.
Legislator headnote
AI generatedArt. 40 KC; Art. 25 ust. 2 ustawy o przedsiębiorstwach państwowych: The State Treasury is not liable for obligations of a liquidated state enterprise arising after its liquidation, except where liability is established by a syndicate agreement covering occupational disease claims.