Legislator Case Law & Legislation
II UKN 38/96 AI generated

Supreme Court dismisses cassation for new factual claims barred by law requiring prior evidence.

Case Number II UKN 38/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a social insurance court's denial of disability pension. The applicant argued that military medical records proved he was healthy during service and only became disabled later, but these facts were not established in lower proceedings. The court ruled that the law prohibits raising new factual claims in cassation that require additional evidence, as the appellate court correctly relied on existing expert opinions confirming the disability existed since childhood.

Legislator headnote

AI generated

Art. 393 § 1 in conjunction with Art. 393 § 11 of the Code of Civil Procedure; Cassation proceedings are limited to reviewing established facts, excluding new claims requiring factual determination.

Keywords

AI generated
cassation appeal new factual claims disability pension evidence admissibility procedural bar

Cited Legislation

AI generated
Art. 393 § 1 of the Code of Civil Procedure
Art. 393 § 11 of the Code of Civil Procedure
Art. 393 § 12 of the Code of Civil Procedure
Art. 32 of the Act on Pension Provision for Employees and Their Families

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