Legislator Case Law & Legislation
II UK 43/06 AI generated

Supreme Court dismissed cassation, allowing court-initiated evidence to prove work incapacity for pension rights. The court rejected the claim that such evidence is inadmissible. The court ruled that the judge's discretion to admit evidence cannot be restricted by interpretation.

Case Number II UK 43/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an insured individual against a pension denial decision. The lower courts had admitted a medical expert's opinion ex officio to determine work incapacity, despite the insured's objection, which ultimately supported the denial of benefits. The court held that the judge's discretionary power under the Civil Procedure Code cannot be reduced by interpretation and that admitting such evidence is not an abuse of power.

Legislator headnote

AI generated

Art. 232 ust. 2 k.p.c.; Art. 382 k.p.c.; The judge's discretionary power to admit evidence ex officio cannot be restricted by interpretation, and the admission of such evidence is not an abuse of power.

Keywords

AI generated
ex officio evidence work incapacity pension rights judicial discretion cassation appeal medical expert opinion civil procedure code

Cited Legislation

AI generated
Art. 232 ust. 2 k.p.c.
Art. 382 k.p.c.
Art. 32 Konstytucji
Art. 45 Konstytucji
Art. 5 k.p.c.
Art. 381 k.p.c.
art. 45 ust. 1 Konstytucji
art. 5 k.p.c
art. 381 k.p.c
art. 382 k.p.c

Cited Case Law

AI generated

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