II UKN 121/97
Generato dall'IA
Supreme Court quashes social security judgment for lack of written reasoning and remands case.
Sintesi Legislator
Generato dall'IAThe Supreme Court quashed the lower court's judgment due to the absence of a written reasoning, remanding the case for a new trial. The applicant, a farmer, sought disability pension based on long-term inability to work in his specific farm, arguing the lower court failed to properly assess his condition against the statutory six-month threshold. The court upheld the cassation request, emphasizing that the law requires an evaluation of incapacity relative to the specific farm's needs rather than general agricultural work.
Regesto Legislator
Generato dall'IAArt. 12 ust. 1 ustawy o zmianie KPC; Art. 393 KPC: In the absence of written reasoning, the Supreme Court must quash the judgment and remand the case for a new trial.
Parole chiave
Generato dall'IA
lack of written reasoning
social security disability pension
farmer incapacity assessment
specific farm requirements
six month threshold
remand for retrial
written reasoning requirement
Disposizioni normative citate
Generato dall'IAArt. 12 ust. 1 of the Act of 1 March 1996 on amending the Code of Civil Procedure
Art. 393 KPC
Art. 21 ust. 1 and 2 of the Act of 20 December 1990 on social insurance of farmers
Giurisprudenza citata
Generato dall'IAII URN 5/95
III AUr 130/94