II PK 325/10
AI generated
CPC action dismissed; agent's acts not void despite partner resolutions; implied employment contract found.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a former executive against a company in liquidation. The court held that an authorized agent's act, even if contrary to partner resolutions, remains valid under the Civil Code and Labor Code. Furthermore, the court found an implied employment contract existed because the plaintiff continued performing duties and receiving pay after the formal termination.
Legislator headnote
AI generatedArt. 104 ust. 1 k.c.; Art. 300 k.p.; Art. 210 § 1 k.s.h.; An act by an authorized agent is not void merely because it contradicts partner resolutions, and an implied employment contract arises from continued performance of duties and payment of wages.
Keywords
AI generated
authorized agent validity
partner resolutions conflict
implied employment contract
labor code provisions
company liquidation status
cassation appeal dismissal
executive compensation
Cited Legislation
AI generatedArt. 104 ust. 1 k.c.
Art. 300 k.p.
Art. 210 § 1 k.s.h.
Art. 38 k.c.
Art. 31 k.p.
Art. 61 k.c.
Art. 60 k.c.
Art. 398 § 14 k.p.c.
art. 210 § 1 k.s.h
art. 300 k.p
Cited Case Law
AI generatedIII CK 249/03
Supreme Court dismisses appeal; curator lacks authority to appoint management or replace shareholders' meeting.
I PK 77/05
III CZP 49/07
Appeal court bound by procedural but not material claims; voidness considered ex officio.
III CZP 54/10
Supreme Court allows appointing a liquidator without revoking the previous one if the latter resigned effectively.
II PK 270/05
Invalid employer representation does not render dismissal void; court orders ineffectiveness or damages instead.
II PK 276/04
Employment contract with a managing director signed by shareholders without authorization is void under Polish law.