Legislator Case Law & Legislation
I PKN 375/97 AI generated

Cassation dismissed for citing only burden of proof rules without material law basis under Polish Civil Procedure Code.

Case Number I PKN 375/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Andrzej M. against a lower court's denial of his claim for a pension and lost wages. The appellant argued that the appellate court improperly shifted the burden of proof regarding the causal link between his hearing loss and his job under Article 6 of the Civil Code. The court ruled that Article 6 alone is insufficient to challenge a judgment on material law grounds without citing the specific substantive laws defining the claim.

Legislator headnote

AI generated

Art. 6 KC; Art. 393 § 1 pkt 1 KPC: A cassation appeal based solely on a procedural violation of burden of proof rules is inadmissible if it fails to cite the specific substantive law provisions establishing the claim or liability.

Keywords

AI generated
burden of proof cassation appeal material law causal link hearing loss civil procedure substantive law

Cited Legislation

AI generated
Art. 6 KC
Art. 393 § 1 pkt 1 KPC
Art. 393 § 12 KPC

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