Legislator Case Law & Legislation
I PKN 541/98 AI generated

Labor contract intent of one party insufficient to override agreed terms regarding pension severance pay.

Case Number I PKN 541/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against the appellate court's decision to award pension severance pay to the employee. The court found that the appellate court incorrectly relied solely on the employer's unilateral intent rather than the mutual agreement of both parties to determine the contract's content. Consequently, the case was remanded to the appellate court for a new decision on the costs of the cassation proceedings.

Legislator headnote

AI generated

Art. 65 § 2 KC; Art. 382 KPC; Art. 233 § 1 KPC; Art. 393 § 1 KPC: The intent of only one party to a labor contract cannot serve as the basis for determining the disputed terms of the agreement; the court must establish the mutual intent of both parties.

Keywords

AI generated
labor contract formation mutual intent requirement pension severance pay unilateral intent invalidity appellate court error cassation proceedings contract interpretation

Cited Legislation

AI generated
Art. 65 § 2 KC
Art. 382 KPC
Art. 233 § 1 KPC
Art. 393 § 1 KPC

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