Legislator Case Law & Legislation
I PKN 229/97 AI generated

Supreme Court dismisses appeal; contract type determined by substance, not name or party intent.

Case Number I PKN 229/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court ruling that classified the plaintiff's employment as a service contract rather than an employment contract. The plaintiff argued procedural violations and claimed the lower court erred in assessing evidence regarding the nature of her work, which involved cleaning and meal preparation without direct supervision. The court held that the legal nature of a contract is determined by its actual substance and the absence of subordination, not by the parties' stated intent or the contract's title.

Legislator headnote

AI generated

Art. 233 § 1 KPC; Art. 235 KPC; The legal nature of a contract is determined by its substantive content and the actual relationship between the parties, not by the parties' declared intent or the contract's designation.

Keywords

AI generated
substance over form labor contract classification service contract distinction evidence assessment subordination absence cassation dismissal contractual intent

Cited Legislation

AI generated
art. 233 § 1 KPC
art. 235 KPC
art. 393 § 12 KPC

Cited Case Law

AI generated
I CKN 60/96

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