Supreme Court quashes appeal judgment for incomplete fact-finding on marital cohabitation status at death.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's judgment and remanded the case for a new trial due to insufficient fact-finding regarding the applicant's marital status at her husband's death. The applicant argued that the appellate court failed to properly evaluate witness testimony concerning periods of reconciliation and cohabitation immediately preceding the husband's death. The court ruled that the lower court violated procedural requirements by not comprehensively assessing the evidence necessary to determine if the statutory conditions for a family pension were met.
Legislator headnote
AI generatedArt. 382 KPC; Art. 233 § 1 KPC; Art. 41 ust. 3 of the Act on Pension Provision for Employees and Their Families; The appellate court must base its evaluation of evidence on the entire, comprehensively considered material without requiring new proceedings, and must explicitly address conflicting witness testimony regarding the existence of marital bonds at the time of death.