Legislator Case Law & Legislation
II UKN 244/98 AI generated

Supreme Court dismisses cassation where court liability for evidence was abolished and evidence was presented by party.

Case Number II UKN 244/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a social insurance decision regarding the applicant's business activity period. The applicant argued the appellate court violated procedural rules by failing to examine evidence of social insurance contributions on its own initiative. The court rejected this claim because the statutory basis for judicial liability for evidence content had been abolished, and the evidence was actually presented by the applicant during the trial.

Legislator headnote

AI generated

Art. 393 § 11 KPC; Art. 393 § 12 KPC: The court's liability for the content of the evidentiary procedure has been abolished; cassation based on the failure to examine evidence on its own initiative is inadmissible when the evidence was presented by the party.

Keywords

AI generated
judicial liability for evidence cassation appeal dismissal social insurance contributions civil procedure code party presentation of evidence

Cited Legislation

AI generated
Art. 393 § 11 KPC
Art. 393 § 12 KPC

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