II UKN 121/97
AI generated
Supreme Court quashes social security judgment for lack of written reasoning and remands case.
Legislator summary
AI generatedThe 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.
Legislator headnote
AI generatedArt. 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.
Keywords
AI generated
lack of written reasoning
social security disability pension
farmer incapacity assessment
specific farm requirements
six month threshold
remand for retrial
written reasoning requirement
Cited Legislation
AI generatedArt. 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
Cited Case Law
AI generatedII URN 5/95
III AUr 130/94