II UKN 230/97
Generato dall'IA
Supreme Court dismissed appeal; 3-year statute of limitations applies to occupational disease compensation claims.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by a coal miner seeking supplementary occupational disability pension. The court held that the three-year limitation period under the Civil Code began when the employee became a pensioner in 1993, rejecting the defendant's argument for a ten-year period. The court further ruled that the limitation period's application did not violate good morals, as the plaintiff failed to prove exceptional circumstances justifying an extension.
Regesto Legislator
Generato dall'IAArt. 442 § 1 and 2 KC; Art. 5 KC: The three-year limitation period for occupational disease compensation applies from the date of pension entitlement, and its application does not violate good morals absent exceptional circumstances.
Parole chiave
Generato dall'IA
statute of limitations
occupational disease
supplementary pension
good morals
civil code
cassation appeal
limitation period
Disposizioni normative citate
Generato dall'IAArt. 442 § 1 and 2 KC
Art. 5 KC
Art. 3 § 2 KPC
Art. 477 § 1 KPC
Art. 393 § 12 KPC