II UKN 33/01
AI generated
Cassation appeal dismissed; factual errors do not justify violation of procedural law under Art. 316 KPC.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a veteran seeking a war disability pension. The applicant argued that the lower courts erred in fact-finding and procedure, but the court held that factual errors do not constitute a violation of Art. 316 of the Civil Procedure Code. The court determined that the medical experts correctly concluded the applicant's disability resulted from natural aging rather than wartime injuries, thus denying the statutory conditions for the pension.
Legislator headnote
AI generatedArt. 316 § 1 KPC; Art. 393 § 11 KPC; Cassation appeals based on factual errors or material law violations are inadmissible if the errors do not constitute a procedural breach or fall outside the scope of cassation review.
Keywords
AI generated
cassation appeal dismissal
factual error standard
procedural law violation
war disability pension
medical expert opinion
Cited Legislation
AI generatedArt. 316 § 1 KPC
Art. 393 § 11 KPC
Art. 9 of the Act of 29 May 1974 on the provision of benefits to war invalids and military personnel and their families
Art. 12 of the Act of 24 January 1991 on combatants and certain persons who were victims of wartime repression and the post-war period