II UKN 73/99
AI generated
Family allowance for judge's family denied to family of court assessor due to statutory interpretation. Family allowance for judge's family denied to family of court assessor due to statutory interpretation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the minor's claim for family allowance after her father, a court assessor, died. While the lower courts initially granted the allowance by equating assessors to judges under Article 115 § 3 of the Judicial System Act, the Supreme Court found this interpretation erroneous. The court ruled that the statutory provisions regarding family allowances apply only to judges, not to assessors, thereby denying the claim.
Legislator headnote
AI generatedArt. 782 § 1 ust. 1 p.u.s.p.; Art. 115 § 3 p.u.s.p.: The right to family allowance for a judge's family is not extended to the family of a court assessor, as the statutory provisions granting this benefit apply exclusively to judges.
Keywords
AI generated
family allowance
court assessor
judicial system act
statutory interpretation
family benefit
judicial status
supreme court
Cited Legislation
AI generatedArt. 782 § 1 ust. 1 p.u.s.p.
Art. 115 § 3 p.u.s.p.
Art. 393 § 15 KPC
art. 178 Konstytucji RP