Determining the moment of submitting a written declaration of will to the other party to the employment relationship – the latest case-law
The author presents the jurisprudence of the Supreme Court – Chamber of Labor and Social Insurance regarding the issue of determining the moment of submitting a declaration of will to its addressee. It indicates a significant change in the Court's position in this respect in relation to declarations of will made in writing and delivered to their addressees by post. According to the latest judicature on this issue, the delivery of a letter containing a declaration of will meets the requirements of Art. 61 § 1 k.c. no later than the day following the notification, because in typical cases, notification of the shipment gives the addressee a real opportunity to become acquainted with the declaration of will.
References
Safjan, M. (2007). W: K. Pietrzykowski, Kodeks cywilny. Komentarz, tom 1, C.H.Beck.
