I PKN 786/00
AI generated
Supreme Court allows plaintiff to reclassify contract type after payment order objections without changing factual basis.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed lower court rulings and remanded the case for reconsideration. The plaintiff initially sued for payment based on an employment contract but later argued it was a service contract after objections were filed. The court held that reclassifying the legal nature of the contract is permissible as long as the underlying factual basis remains unchanged.
Legislator headnote
AI generatedArt. 496 k.p.c.; Art. 187 § 1 k.p.c.; A party may reclassify the legal nature of the contractual relationship after objections to a payment order are filed, provided the factual basis of the claim remains unchanged.
Keywords
AI generated
payment order procedure
contract reclassification
factual basis unchanged
employment vs service contract
civil procedure code
Cited Legislation
AI generatedArt. 496 k.p.c.
Art. 187 § 1 k.p.c.
Art. 393 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 496 k.p.c
art. 476 § 1 pkt 1 k.p.c
art. 65 § 2 k.c
art. 200 § 1 k.p.c
art. 22 § 1 k.p
art. 22 § 11 k.p
Cited Case Law
AI generatedIII PZP 45/88
III PZP 17/70