Legislator Case Law & Legislation
III PZP 22/02 AI generated

Supreme Court rules contract cannot expand share rights and pre-contractual misconduct allows damages.

Case Number III PZP 22/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a government-bank agreement could expand employee share ownership rights or alter statutory employment terms. The plaintiff argued that issuing a certificate to an unqualified employee created a liability for damages due to reliance on the false list. The court held that the agreement could not change statutory definitions but recognized that pre-contractual misconduct violating good faith principles under Article 415 of the Civil Code could justify compensation for the negative contractual interest.

Legislator headnote

AI generated

Art. 415 k.c.; Art. 387 § 1, 2 k.c.: A contract cannot alter statutory definitions of share ownership rights, yet pre-contractual conduct violating good faith may independently establish liability for damages under Article 415 of the Civil Code.

Keywords

AI generated
culpa in contrahendo negative contractual interest good faith principle share ownership rights pre-contractual liability

Cited Legislation

AI generated
Art. 415 k.c.
Art. 387 § 1 k.c.
Art. 387 § 2 k.c.
art. 32 Konstytucji RP

Cited Case Law

AI generated
III CZP 33/90

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