II UKN 633/00
Generato dall'IA
Supreme Court dismisses appeal on civil statute of limitations when criminal negligence cannot be proven.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the plaintiff's cassation appeal regarding a work accident claim barred by the three-year limitation period. The plaintiff argued that a ten-year limitation should apply because the accident resulted from a criminal offense, but the lower courts found no evidence of criminal negligence or intent by the employer. The Court ruled that since the factual findings of no criminal act were not challenged procedurally, the three-year limitation period correctly applied, and the appeal was rejected.
Regesto Legislator
Generato dall'IAArt. 442 § 1, 2 KC; Art. 191 § 2 d. KK: The civil court may independently determine if a tort arose from a crime, but criminal liability requires proof of subjective fault which cannot be attributed to a legal entity.
Parole chiave
Generato dall'IA
statute of limitations
work accident
criminal negligence
legal entity liability
cassation appeal
subjective fault
civil procedure
Disposizioni normative citate
Generato dall'IAArt. 442 § 1 KC
Art. 442 § 2 KC
Art. 191 § 2 d. KK
Art. 191 § 1 d. KK
Art. 393 § 1 KPC