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Title:

Commentary on the ruling of the Supreme Court — case PK II 290/11 of 28 June 2012

Subject and Keywords:

labor law   axiology   worker protection   Supreme Court   functional interpretation

Abstract:

Ruling of the Supreme Court from 28 June 2012 case PK II 290/11 could be perceived as stating a primacy of the principle of protection of employees over the rules of representation of legal entity which are ius cogens of commercial law. It was ruled that an employment relationship of an employee who was the Management Board member was changed by the mere behavior of the bodies of company. On a basis of Art. 210 of Commercial Companies Code a Management Board or its member cannot represent the company in relations with members of the Board. This paper presents a critical view on the indicated ruling, which appears to be based on values protection of employee rather than on the valid provisions of law, what is hardly acceptable from the legal system’s perspective.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2015

Date copyrighted:

2015

Identifier:

ISSN 0524-4544   ISSN 0239-6661

Source:

PAd P 101182 II

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3614. Prawo, ISSN 0524-4544, 2015, 317, s. 195-208

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Autor opisu:

WR U/PAdbg