Legal presumption of service does not apply to determining when an employer's notice of inactivity takes effect.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal, remanding the case to the lower court for a new decision. The lower court had declared the teacher's transfer to inactivity ineffective, relying on a procedural presumption that the employer's letter reached the teacher on June 4, 1999. The Supreme Court ruled that this presumption is inapplicable to substantive civil law issues regarding the timing of the employer's declaration of will. Consequently, the court held that the lower court failed to verify whether the teacher was actually informed of the transfer plan before the letter was sent.
Legislator headnote
AI generatedArt. 139 § 1 KPC; Art. 61 KC: The procedural presumption of service of court documents does not apply to determining the moment when an employer's declaration of will regarding the transfer of a teacher to inactivity takes legal effect.