Legislator Case Law & Legislation
II UK 245/07 AI generated

Supreme Court dismisses appeal claiming civil law applies to social insurance farmer's declaration. Court rules administrative law governs, not civil code. Appeal rejected due to procedural error regarding business activity registration.

Case Number II UK 245/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a farmer against a decision terminating his social insurance coverage. The court found that the appellant failed to register his non-agricultural metalworking business and did not submit the required declaration to switch insurance systems. The court rejected the argument that the Civil Code's rules on declarations of will applied, ruling instead that social insurance regulations are purely administrative and self-contained.

Legislator headnote

AI generated

Art. 5a ust. 2 ustawy o ubezpieczeniu społecznym rolników; Art. 60 k.c.: The declaration by a farmer to switch to non-agricultural social insurance is governed by administrative law, not the Civil Code, and does not require the specific formalities for civil law declarations of will.

Keywords

AI generated
social insurance farmer non-agricultural activity declaration of will administrative law Civil Code application insurance system switch business registration

Cited Legislation

AI generated
Art. 5a ust. 2 of the Farmers' Social Insurance Act
Art. 60 of the Civil Code
Art. 123 of the Social Insurance System Act
Art. 9 of the Business Activity Act
Art. 398 of the Code of Civil Procedure
art. 60 k.c
art. 39815 k.p.c

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