Spousal community of property alone is insufficient to prove marital community for family pension purposes.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the widow's appeal, quashing lower court rulings that granted her a family pension based solely on the existence of a marital community of property. The court found that while the deceased husband and wife maintained a formal community of property, there was no evidence of the necessary emotional or physical bonds required for a true marital community under the relevant pension law. Consequently, the pension was denied to the widow, and the case was remanded for a fresh examination of the specific nature of the bonds between the spouses.
Regeste Legislator
Généré par l'IAArt. 31 KRO; Art. 41 ust. 3 ustawy o zaopatrzeniu emerytalnym: The existence of a marital community of property alone does not establish a marital community for family pension purposes; proof of mutual emotional and physical bonds is required.