Supreme Court allows appeal court to examine good faith under Art 8 k.p. even if not raised in appeal.
Legislator summary
AI generatedThe Supreme Court partially set aside the lower court's judgment regarding the reciprocal claim for training costs. The plaintiff argued the employer abused its rights by demanding reimbursement after terminating the employee, while the employer contended the employee's continued work after termination constituted good faith. The court ruled that the appellate court had the authority to assess the claim's compatibility with social coexistence principles under Article 8 of the Civil Code, even though this specific argument was not explicitly raised in the appeal, as it involves the application of substantive law to the established facts.
Legislator headnote
AI generatedArt. 8 k.p.; Art. 378 § 1 k.p.c.; Art. 398 § 1 k.p.c.: The appellate court may examine the compatibility of a claim with the principles of social coexistence under Article 8 of the Civil Code even if not raised in the appeal, as this requires the application of substantive law to the facts.