Legislator Case Law & Legislation
II UZP 2/09 AI generated

Bank must repay pension paid after death via card/PIN; death ends entitlement immediately.

Case Number II UZP 2/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that a bank must repay pension funds transferred to a deceased person's account after their death, even if paid via card and PIN. The Social Insurance Institution had ordered the bank to return 5,827.06 PLN after confirming the beneficiary's death, noting the bank could not identify the specific card users. The court held that death terminates the right to receive benefits, making subsequent payments invalid, and that the bank bears the risk of unidentifiable transactions under banking law.

Legislator headnote

AI generated

Art. 55 ust. 3 Prawa bankowego; Art. 129 ust. 2 Prawa bankowego: Upon death of the account holder, any subsequent payments made using the card and PIN do not constitute payments to a valid beneficiary, thereby obligating the bank to repay the Social Insurance Institution regardless of the inability to identify the specific payer.

Keywords

AI generated
pension death entitlement bank repayment obligation unauthorized card usage social insurance recovery banking risk allocation post-mortem transactions PIN code liability

Cited Legislation

AI generated
Art. 55 ust. 3 Prawa bankowego
Art. 129 ust. 2 Prawa bankowego
Art. 20 ust. 1 Prawa bankowego
Art. 28 ust. 1 Prawa bankowego
art. 390 § 1 k.p.c
art. 734 k.c
art. 922 k.c

Cited Case Law

AI generated
III CZP 138/92

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