Social security court shifts burden of proof to insurer when accepting false employment declarations.
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's decision and remanded the case for a new trial. The lower court had ruled against the insured woman, relying on the absence of evidence proving actual work performance. The Supreme Court held that because the social security agency had accepted the employment declaration and collected premiums, the burden of proof shifted to the agency to demonstrate that the will to contract was fictitious. The court reasoned that the written employment contract serves as prima facie evidence of the parties' intent, requiring the insurer to prove the lack of genuine intent rather than the employee proving actual work.
Legislator headnote
AI generatedArt. 22 § 11 k.p.; Art. 245 k.p.c.; Art. 6 k.c.; Art. 232 k.p.c.: When a social security agency accepts an employment declaration and collects premiums without questioning the title, the burden of proof shifts to the agency to demonstrate that the declarations of will were fictitious.