Legislator Case Law & Legislation
II UKN 195/98 AI generated

Supreme Court dismissed appeal, ruling family rent exceeds alimentary duty and no further damages warranted.

Case Number II UKN 195/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the widow and daughter against a lower court's award of damages and pension. The plaintiffs argued that the awarded compensation was insufficient to rebuild their home and cover living expenses after their husband's work-related death. The court held that the family rent already granted exceeded the deceased's statutory alimentary obligation and that the plaintiffs' financial situation had not significantly worsened beyond what the existing benefits covered.

Legislator headnote

AI generated

Art. 446 § 2, 3 KC; Art. 23, 128 KRO; The family rent granted to a child exceeds the deceased's alimentary duty, and additional damages are not warranted if the surviving spouse's needs can be met independently.

Keywords

AI generated
family rent alimentary duty work accident cassation appeal statutory obligation damages assessment supreme court

Cited Legislation

AI generated
Art. 446 § 2 and 3 of the Civil Code
Art. 23 of the Family and Guardianship Code
Art. 128 of the Family and Guardianship Code
Art. 393 § 11 of the Code of Civil Procedure
Art. 393 § 12 of the Code of Civil Procedure

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