Legislator Case Law & Legislation
I PKN 651/00 AI generated

Cassation appeal dismissed; organizational regulation breach only admissible as procedural fact-finding error under Polish Civil Procedure Code.

Case Number I PKN 651/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Stanisław G. against a lower court's judgment regarding his employment contract. The plaintiff argued that the employer's organizational regulation lacked statutory basis for defining the director's role, but the court found this argument insufficiently specific under Article 393 § 3 of the Civil Procedure Code. Consequently, the court held that such a regulation defect could only be raised indirectly as a procedural error in fact-finding, not as a direct ground for invalidating the contract.

Legislator headnote

AI generated

Art. 393 § 3 KPC; Art. 58 § 1 KC; A defect in an organizational regulation lacking statutory basis may be raised in cassation proceedings only as an indirect challenge to the court's fact-finding procedures, not as a direct ground for invalidating the contract.

Keywords

AI generated
cassation appeal dismissal organizational regulation defect statutory basis requirement fact-finding procedural error employment contract validity indirect cassation ground labor law invalidity

Cited Legislation

AI generated
Art. 393 § 3 KPC
Art. 58 § 1 KC
Art. 98 KPC
Art. 374 KH

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