Supreme Court denies family pension to widow whose religious marriage lacked prior court-ordered alimony rights.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by Teresa M. against the Social Insurance Institution's refusal of a family pension. The applicant, a lawyer, argued that her 1996 Catholic marriage to a war-disabled veteran should be recognized as a 'concubinage' marriage, granting her pension rights despite the lack of a prior divorce decree with alimony. The court rejected this, ruling that the applicant is legally treated as a widow because she failed to meet the statutory conditions for a family pension under the relevant social insurance laws.
Regeste Legislator
Généré par l'IAArt. 24 ust. 2 pkt 1 a i b w związku z art. 64 ustawy o z.i.w.; The Supreme Court established that a person without a court-ordered alimony right from a prior divorce, who remarried exclusively in a canonical form between 1958 and 1998, is not entitled to a family pension after the death of the ex-spouse.