Legislator Case Law & Legislation
II UKN 137/98 AI generated

Social security court dismisses appeal; farmer's chronic illness does not excuse late premium payment under force majeure clause.

Case Number II UKN 137/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal against a decision terminating a farmer's social insurance coverage due to late premium payment. The lower courts held that the applicant's chronic illness between January and February 1997 did not constitute force majeure, as she remained mobile and performed minor tasks despite her condition. The court ruled that force majeure requires an unforeseeable external event preventing action, which chronic illness does not satisfy, thereby enforcing the absolute obligation to pay premiums on time.

Legislator headnote

AI generated

Art. 3 ust. 4 ustawy z dnia 20 grudnia 1990 r. o ubezpieczeniu społecznym rolników; Force majeure excludes chronic illness and does not excuse late premium payment, resulting in automatic termination of voluntary social insurance coverage.

Keywords

AI generated
social insurance termination force majeure exclusion chronic illness defense premium payment deadline voluntary farmer insurance Supreme Court cassation unforeseeable event requirement

Cited Legislation

AI generated
Art. 3 ust. 4 of the Act of 20 December 1990 on social insurance of farmers
Art. 393 § 12 of the Code of Civil Procedure

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