Legislator Case Law & Legislation
I PK 192/04 AI generated

Employee must repay employer's work accident compensation paid under mistaken legal belief.

Case Number I PK 192/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court ruling ordering an employee to repay work accident compensation paid by his employer. The employer had paid the employee twice, believing a legal obligation existed, while the employee argued he acted without knowledge of the duty to repay. The court held that the statutory exemption from repayment requires the payer to have actual knowledge of the lack of obligation, which the employee lacked due to a mistaken legal belief.

Legislator headnote

AI generated

art. 411 pkt 1 k.c.; art. 300 k.p.: The exemption from repayment of unjust enrichment applies only if the payer had actual knowledge of the lack of obligation, not merely negligence in verifying it.

Keywords

AI generated
unjust enrichment mistaken legal belief work accident compensation knowledge of obligation negligence in verification employee liability repayment duty

Cited Legislation

AI generated
art. 411 pkt 1 k.c.
art. 300 k.p.
art. 39312 k.p.c.
art. 411 pkt 1 k.c
art. 300 k.p
art. 39312 k.p.c

Cited Case Law

AI generated
wyrok SN z dnia 12 grudnia 1997 r., III CKN 236/97, OSN 1998 nr 6, poz. 101

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