Legislator Case Law & Legislation
II UKN 260/99 AI generated

State liability for post-liquidation debts is barred by Art. 40 KC; only syndicate agreements cover occupational disease claims.

Case Number II UKN 260/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
State Treasury liability enterprise liquidation occupational disease syndicate agreement statutory delegation post-liquidation debts civil code article 40

Cited Legislation

AI generated
art. 40 KC
art. 25 ust. 2 ustawy z dnia 25 września 1981 r. o przedsiębiorstwach państwowych

Cited Case Law

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