Employee's declaration to buy shares accepted; company liable for damages due to lack of care.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a joint-stock company against a lower court's award of damages to an employee. The employee had declared his intent to purchase shares before the privatization law took effect, but the company failed to accept this declaration within the statutory period. The court held that the company was liable for damages due to its lack of due care, even though the declaration was technically premature, and that the lower court's reasoning was legally correct despite minor errors in its justification.
Legislator headnote
AI generatedArt. 38 ust. 1 ustawy o komercjalizacji i prywatyzacji przedsiębiorstw państwowych; Art. 355 § 1 KC: The company's obligation to accept an employee's declaration to purchase shares must be fulfilled in a manner corresponding to social and economic goals and the standard of care required for a commercial entity.