Supreme Court dismissed appeal on statute of limitations for work accident compensation under Civil Code. Plaintiff failed to prove special circumstances preventing timely claim.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by Ryszard K. against a lower court ruling that rejected his claim for equalization rent following a 1978 work accident. The plaintiff argued that the three-year limitation period was invalid due to the severity of his disability, but the court found no independent circumstances preventing him from filing the suit before the deadline expired. Consequently, the court held that the statutory limitation under Article 442 § 1 of the Civil Code applied strictly, and the general principles of social coexistence did not justify extending the time limit in this instance.
Regesto Legislator
Generato dall'IAArt. 442 § 1 KC; Art. 5 KC: The three-year limitation period for claims arising from work accidents runs from the date of discovering the damage and obligor; invoking this limitation is not contrary to social coexistence principles absent exceptional circumstances where justice demands otherwise.