I PKN 422/00
AI generated
Supreme Court dismisses cassation, ruling termination validity depends on authority at will formation, not delivery date.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement against her employer. The lower court had rejected the claim, noting the employee's disruptive behavior and frequent absences, and upheld the university's decision to terminate her contract. The Supreme Court clarified that the validity of a termination notice depends on the authority of the signatory at the moment the will was formed, not at the date of delivery to the employee.
Legislator headnote
AI generatedArt. 61 ust. 2 Kodeksu cywilnego; Art. 62 Kodeksu cywilnego: The validity of a declaration of will is determined by the authority of the actor at the time of its formation, not at the time of its delivery to the addressee.
Keywords
AI generated
termination of employment contract
declaration of will validity
authority of organ
timing of will formation
delivery date vs formation
labor law cassation
university employment dispute
Cited Legislation
AI generatedArt. 61 ust. 2 Kodeksu cywilnego
Art. 62 Kodeksu cywilnego
Art. 393 § 1 Kodeksu postępowania cywilnego