Legislator Case Law & Legislation
II UKN 7/99 AI generated

Supreme Court dismisses appeal; factual findings on employment contract appearance are not subject to cassation review.

Case Number II UKN 7/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a social insurance authority's decision denying maternity benefits. The lower court established that the plaintiff was employed from April 1997 to May 1998, despite the employer claiming the contract was merely a sham to secure insurance coverage. The Court ruled that determining whether a contract is fictitious is a factual matter for the trial courts and falls outside the scope of cassation review under Article 3931(1) of the Civil Procedure Code. Consequently, the Supreme Court could not overturn the lower court's binding finding that the contract lacked the defect of appearance of will.

Legislator headnote

AI generated

Art. 177 § 3 Kodeksu pracy; Art. 3931 pkt 1 Kodeksu postępowania cywilnego: Factual findings regarding the appearance of a legal act, including employment contracts, are subject to court determination and do not constitute grounds for cassation review.

Keywords

AI generated
employment contract appearance cassation review scope social insurance coverage maternity benefit entitlement factual findings review

Cited Legislation

AI generated
Art. 177 § 3 Kodeksu pracy
Art. 3931 pkt 1 Kodeksu postępowania cywilnego
art. 23 Kodeksu pracy
art. 83 § 1 Kodeksu cywilnego

Cited Case Law

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