I PKN 375/97
AI generated
Cassation dismissed for citing only burden of proof rules without material law basis under Polish Civil Procedure Code.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 6 KC
Art. 393 § 1 pkt 1 KPC
Art. 393 § 12 KPC