Legislator Case Law & Legislation
I PZP 36/95 AI generated

Supreme Court rules 'taking over' a farm means taking possession, not acquiring ownership for pension credit.

Case Number I PZP 36/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether acquiring a farm constitutes 'taking over' it for pension credit purposes. The lower courts incorrectly equated 'taking over' with acquiring ownership, dismissing the claimant's request to include his work years. The Court clarified that the relevant statute focuses on the act of managing the farm, not holding title, thereby allowing the claimant's work periods to be credited. Consequently, the claim for the anniversary award was permitted based on the correct interpretation of the law.

Legislator headnote

AI generated

Art. 1 ust. 1 pkt 2 ustawy z dnia 20 lipca 1990 r. o wliczaniu okresów pracy w indywidualnym gospodarstwie rolnym do pracowniczego stażu pracy; 'taking over' a farm means taking possession and management, not acquiring ownership.

Keywords

AI generated
agricultural farm management pension service credit taking over farm ownership vs possession labor service statute

Cited Legislation

AI generated
Art. 1 ust. 1 pkt 2 of the Act of July 20, 1990 on crediting periods of work in an individual agricultural farm to an employee's service record
Act of October 26, 1971 on the regulation of ownership of agricultural farms
art. 391 k.p.c

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