II PZP 9/04
AI generated
Polish Supreme Court rules consent for a successor to enter labor law proceedings must be explicit, not implied.
Legislator summary
AI generatedThe Supreme Court of Poland resolved a legal question regarding whether consent for a creditor's successor to enter labor law proceedings can be implied. The court held that under Article 192(3) of the Code of Civil Procedure, such consent must be clearly declared rather than inferred from conduct. Consequently, the appellate court was required to ensure an explicit statement of agreement before allowing the successor to replace the original party in the dispute.
Legislator headnote
AI generatedArt. 192 pkt 3 k.p.c.: Consent by the opposing party for a successor to enter the proceedings in place of the assignor must be expressed explicitly and cannot be deemed given merely by implication or inferred from circumstances.
Keywords
AI generated
Code of Civil Procedure
labor law proceedings
successor in rights
implied consent
explicit declaration
party substitution
creditor's rights
Cited Legislation
AI generatedArt. 192 pkt 3 k.p.c.
art. 192 pkt 3 k.p.c