Legislator Case Law & Legislation
I UK 269/06 AI generated

Social security court shifts burden of proof to insurer when accepting false employment declarations.

Case Number I UK 269/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
burden of proof reversal social security insurance fictitious employment contract prima facie evidence social security agency liability labor law burden evidence of work performance

Cited Legislation

AI generated
Art. 22 § 11 k.p.
Art. 245 k.p.c.
Art. 6 k.c.
Art. 232 k.p.c.
§ 39815 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 22 § 1 k.p
art. 113 k.p
art. 233 § 1 k.p.c
art. 58 § 1 k.c

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text