I PK 115/04
AI generated
Supreme Court dismissed cassation against dismissal of claim for insurance commission payments based on contract terms.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding a claim for insurance commissions earned by a group insurance contract manager. The plaintiff argued for higher commissions based on 2002 regulations, but the court found the contract was finalized in late 2001 under different terms. Consequently, the court upheld the lower court's decision that the plaintiff was entitled only to the commission rate applicable at the time of contract signing.
Legislator headnote
AI generatedArt. 233 § 1 k.p.c.; Art. 393 k.p.c.; Art. 98 k.p.c.: The court must evaluate evidence based on the date the contract was concluded, rejecting later regulatory changes that do not alter the established terms of the agreement.
Keywords
AI generated
insurance commission
group insurance contract
cassation appeal
contract date
regulatory change
Cited Legislation
AI generatedArt. 233 § 1 k.p.c.
Art. 393 k.p.c.
Art. 98 k.p.c.
art. 809 k.c
art. 72 k.c
art. 384 § 1 k.c
art. 74 k.c
art. 809 § 1 k.c
art. 809 § 2 k.c
art. 65 k.c