Legislator Case Law & Legislation
II UKN 129/98 AI generated

Supreme Court dismissed cassation, ruling prior civil accident ruling does not bind social insurance rent proceedings.

Case Number II UKN 129/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a widow against a social insurance office's refusal of a family accident pension. The widow argued that a final court ruling establishing her husband's death as a work accident should bind the social insurance proceedings under Article 365 of the Code of Civil Procedure. The court held that while Article 365 creates binding force for facts, it does not extend to civil judgments in unrelated proceedings; only final criminal convictions bind civil courts under Article 11. Consequently, the prior civil judgment was treated merely as evidence subject to independent evaluation in the social insurance case.

Legislator headnote

AI generated

Art. 365 § 1 KPC; Art. 11 KPC; Art. 366 KPC: The binding force of a final civil court judgment does not extend to binding other civil proceedings involving different legal claims, whereas only final criminal convictions create binding force under Article 11.

Keywords

AI generated
binding force of judgment social insurance proceedings work accident determination civil vs criminal judgment res judicata scope

Cited Legislation

AI generated
art. 365 § 1 KPC
art. 11 KPC
art. 366 KPC
art. 393 § 12 KPC

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