Supreme Court dismisses cassation; court guidance under Art. 5 CPC is not proof-taking obligation.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Stanisław R. against a social insurance office's decision regarding his disability pension. The applicant argued that the lower courts violated procedural rights by failing to guide him on evidence under Article 5 of the Civil Procedure Code, despite his belief that his 1955 work accident caused total disability. The court ruled that such guidance is not an obligation to substitute the party's evidentiary initiative, as the medical experts had already sufficiently clarified the cause of his current condition, which was unrelated to the 1955 accident.
Legislator headnote
AI generatedArt. 5 KPC; Art. 6 KC; Art. 232 KPC: Guidance provided to parties without legal representation under Article 5 of the Civil Procedure Code does not constitute an obligation for the court to substitute the parties' initiative in evidence gathering.