Legislator Case Law & Legislation
I PKN 656/00 AI generated

Legal presumption of service does not apply to determining when an employer's notice of inactivity takes effect.

Case Number I PKN 656/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
procedural presumption of service transfer to inactivity timing of declaration of will employer's declaration of will civil law substantive issues

Cited Legislation

AI generated
Art. 139 § 1 KPC
Art. 61 KC
Art. 300 KP
Art. 382 KPC
Art. 60 KC
Art. 22 ust. 2 Karty Nauczyciela
Art. 20 Karty Nauczyciela
Art. 393 § 1 KPC

Cited Case Law

AI generated
III CZP 10/71

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