Legislator Case Law & Legislation
II PZP 9/04 AI generated

Polish Supreme Court rules consent for a successor to enter labor law proceedings must be explicit, not implied.

Case Number II PZP 9/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 192 pkt 3 k.p.c.
art. 192 pkt 3 k.p.c

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text