Legislator Case Law & Legislation
II PK 25/04 AI generated

Supreme Court dismissed appeal; inheritance of preferential share rights requires prior acquisition or valid expectation under privatization law.

Case Number II PK 25/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a widow seeking compensation for her deceased husband's unacquired preferential share rights. The lower courts found that the husband, who died before privatization, never exercised his right to purchase shares nor did he meet the specific criteria for a valid expectation of such a right. Consequently, the court held that these rights did not enter the estate and could not be inherited under the relevant privatization statutes.

Legislator headnote

AI generated

Art. 24 ust. 1 ustawy z dnia 13 lipca 1990 r. o prywatyzacji przedsiębiorstw państwowych; Art. 30 ust. 1 ustawy z dnia 30 sierpnia 1996 r. o komercjalizacji i prywatyzacji przedsiębiorstw państwowych: The right to inherit preferential share acquisition rights or the expectation thereof transforms into a right to free acquisition only if the original right was acquired or the expectation criteria were met prior to privatization.

Keywords

AI generated
inheritance of share rights preferential share acquisition privatization of state enterprises expectation of right estate of deceased employee free acquisition of shares cassation appeal dismissal

Cited Legislation

AI generated
Art. 24 ust. 1 of the Act of 13 July 1990 on the privatization of state-owned enterprises
Art. 30 ust. 1 of the Act of 30 August 1996 on the commercialization and privatization of state-owned enterprises
Art. 922 of the Civil Code
Art. 393 of the Code of Civil Procedure
art. 922 k.c
art. 922 § 1 k.c
art. 39312 k.p.c

Cited Case Law

AI generated

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