Spousal pension granted to widow in community property regime despite lack of alimony rights.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court quashed the appellate court's dismissal of the widow's claim for a family pension against the Social Insurance Fund. The lower court denied the benefit because the deceased husband died while the wife was in a concubinage, arguing this meant they were not in a marital community of property. The Supreme Court ruled that the statutory requirement for a 'marital community' refers strictly to the legal regime of community of property under the Family and Guardianship Code, not personal relationships. Consequently, the widow's right to the pension was established by her legal status as a spouse in a community property regime, which automatically granted her access to the husband's income upon his death.
Regeste Legislator
Généré par l'IAArt. 70 ust. 3 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 31 ust. 2 Kodeksu rodzinnego i opiekuńczego: The right to a family pension for a widow is contingent upon her being in a legal community of property at the time of the husband's death, not upon the existence of personal marital relations.