Legislator Case Law & Legislation
II UKN 2/98 AI generated

Supreme Court dismisses cassation; declaration of knowledge in work certificate is not voidable under Civil Code Art. 83 § 1.

Case Number II UKN 2/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a claimant against a social insurance office regarding her employment status. The lower courts found her employment fictitious based on witness testimony and declared the employer's work certificate a void declaration of will under Civil Code Art. 83 § 1. The Supreme Court ruled that this legal provision applies only to voidable declarations of will, not to declarations of knowledge contained in work certificates, thereby upholding the lower court's factual conclusion despite the erroneous legal reasoning.

Legislator headnote

AI generated

Art. 83 § 1 KC; Art. 227 KPC: The provision regarding the voidability of declarations of will does not apply to declarations of knowledge found in work certificates, as such certificates merely attest to facts rather than express a will susceptible to revocation.

Keywords

AI generated
declarations of knowledge voidable declarations of will work certificate validity social insurance coverage fictitious employment cassation appeal dismissal Civil Code provisions

Cited Legislation

AI generated
art. 4 ust. 1 ustawy z dnia 25 listopada 1986 r. o organizacji i finansowaniu ubezpieczeń społecznych
art. 83 § 1 KC
art. 227 KPC

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