The Constitutional Court: the application of civil and corporate law provisions is assessed by courts in light of the nature of the legal relations

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An application was submitted to the Constitutional Court requesting a review of the constitutionality of several provisions of the Civil Code, the Civil Procedure Code, and the Law “On Limited and Additional Liability Partnerships.”

The application arose from a dispute concerning the payment of compensation following the termination of an employment contract. The applicant relied on a supplementary agreement providing for such payments. Courts of general jurisdiction declared the agreement invalid, citing the absence of a required decision by the governing body of the partnership in accordance with its charter.

According to the applicant, the application of civil and corporate law provisions to the disputed relations resulted in a violation of his right to judicial protection and the principle of equality of the parties.

The Constitutional Court noted that the arguments presented concern issues of the legal classification of relations and the powers of a legal entity’s governing bodies when concluding agreements. At the same time, the challenged provisions establish general legal regulation and do not contain any ambiguity that would prevent their application in light of the specific characteristics of particular legal relations.

The Constitutional Court emphasized that the submitted arguments do not indicate the existence of any normative obstacles to the exercise of the right to judicial protection, but rather link the alleged violation to the outcome of the application of law in a specific case.