I UK 49/05
AI generated
Supreme Court allows withdrawal from open pension fund declaration made under mistake of fact.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed lower court rulings that denied a teacher's pension due to his membership in an open pension fund. The applicant argued he validly withdrew from the fund's legal effects under Civil Code provisions regarding declarations made under a mistake. The court held that lower courts erred by treating the membership as irrevocable, failing to apply established precedent allowing withdrawal for such errors.
Legislator headnote
AI generatedArt. 84 ust. 1 k.c.; Art. 88 ust. 1 Karty Nauczyciela: A declaration of joining an open pension fund made under a mistake of fact may be withdrawn, and such withdrawal is effective if the statutory requirements for revocation of a defective declaration are met.
Keywords
AI generated
withdrawal from declaration
mistake of fact
open pension fund
Civil Code revocation
teacher pension rights
irrevocable declaration
Supreme Court precedent
Cited Legislation
AI generatedArt. 84 ust. 1 k.c.
Art. 88 ust. 1 Karty Nauczyciela
Art. 88 ust. 2a Karty Nauczyciela
Art. 393 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 88 k.c
art. 233 k.p.c
art. 233 § 1 k.p.c
art. 382 k.p.c
art. 328 § 2 k.p.c
Cited Case Law
AI generatedIII UZP 9/02
Social security court allows early retirement for child care despite child's death during appeal.
III UZP 2/02
III AUa 1533/02
III AUa 1155/03