Legislator Case Law & Legislation
I PK 92/08 AI generated

Supreme Court dismissed cassation, clarifying Art. 65 § 1 Civil Code applies to both interpreting and determining intent validity.

Case Number I PK 92/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employer against a lower court's award of damages for wrongful termination. The employer argued that the employee's conduct did not constitute a valid declaration of intent to withdraw the dismissal notice, citing procedural errors. The court ruled that Article 65 § 1 of the Civil Code, rather than Article 60, governs the assessment of whether specific actions amount to a declaration of intent, thereby upholding the lower court's finding that the employee's behavior was insufficient to revoke the dismissal.

Legislator headnote

AI generated

Art. 60 k.c.; Art. 65 § 1 k.c.: The provision of Article 65 § 1 of the Civil Code applies to both the evaluation of the correctness of the court's interpretation of a declaration of intent and the determination of whether a specific act constitutes such a declaration.

Keywords

AI generated
Civil Code Article 65 declaration of intent wrongful termination cassation appeal employee conduct labor dispute intent validity

Cited Legislation

AI generated
Art. 60 k.c.
Art. 65 § 1 k.c.
Art. 300 k.p.
Art. 50 § 3 k.p.
Art. 398 § 14 k.p.c.
Art. 98 § 1 k.p.c.
art. 65 § 1 k.c
art. 41 k.p
art. 50 § 3 k.p
art. 60 k.c

Cited Case Law

AI generated

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