II PK 18/04 AI generated

Appeal dismissed; prior final judgment bars claiming unjust enrichment satisfies good faith.

Case Number II PK 18/04

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2004-09-21

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by former employees against a final judgment ordering them to repay amounts collected via enforcement. The lower court ruled that the employees had no legal basis for receiving the funds after their wrongful termination and that enforcing the judgment did not violate good faith. The court held that the final judgment precluded the employees from arguing the repayment satisfied social good, as they were legally obligated to return the money. Consequently, the cassation was rejected for lacking justified grounds.

Legislator headnote

AI generated

Art. 411 pkt 2 k.c.; Art. 365 § 1 k.p.c.: A final judgment establishing the absence of a legal basis for a claim precludes the recipient from later claiming that the enforcement of the judgment satisfies the requirements of good faith and social coexistence.

Keywords

AI generated

final judgment good faith unjust enrichment cassation appeal enforcement clause legal basis binding force

Cited Legislation

AI generated

Art. 411 pkt 2 k.c.

Art. 410 § 2 k.c.

Art. 365 § 1 k.p.c.

Art. 393 § 12 k.p.c.

art. 411 pkt 2 k.c

art. 409 k.c

art. 55 § 11 k.p

art. 410 § 2 k.c

art. 55 § 3 k.p

art. 365 § 1 k.p.c

Cited Case Law

AI generated

I PKN 42/00

Supreme Court dismisses appeal; employer's overpayment of salary to CEO satisfies social coexistence rules under Art. 411 KC.

IV PR 59/81

Appeal dismissed; prior final judgment bars claiming unjust enrichment satisfies good faith.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Cited Case Law

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