Orzecznictwo Sądu Najwyższego
Judicial Decisions of the Supreme Court

Summary/Abstract: In consideration of the growing number of disputes surrounding immediate termination of an employment contract due to a gross breach of the employer’s duties, the construal of Article 55(11 ) of the Labour Code – which is analogous to some extent to the construal of Article 52(2) of the Labour Code governing the disciplinary dismissal of an employee – is of particular import. Considerable practical significance should also be ascribed to the Supreme Court’s elucidation of the rules for settling accounts between a registered partnership and a partner in the event of terminating the partner’s membership by terminating the articles of association, or as a result of the partner’s bankruptcy or exclusion from the partnership by a final court order. Finally, the decoding of the Constitutional principle of the separation of powers (Article 10 of the Constitution) in view of the dispute concerning the objective scope of the right of pardon vested in the President of the Republic of Poland pursuant to Article 139 of the Constitution, has a fundamental meaning to any lawyer.

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