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I PK 88/10 AI generated

Supreme Court quashes appeal court judgment on widow's life situation worsening damages under Civil Code.

Case Number I PK 88/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court quashed the appeal court's judgment regarding the widow's claim for damages and pension due to her husband's death. The court found that the lower court failed to properly assess the significant worsening of the widow's life situation under Article 446 of the Civil Code, ignoring non-material factors like emotional distress. Consequently, the case was remitted to the appeal court for a new decision on the merits and accessory rulings.

Legislator headnote

AI generated

Art. 446 § 2, 3 k.c.; Art. 398 § 1 k.p.c.; The court must consider non-material factors such as emotional distress when evaluating a significant worsening of a family member's life situation under the Civil Code, and quashing the main judgment necessitates quashing accessory rulings on costs and restitution.

Keywords

AI generated
widow's damages claim significant life situation worsening non-material loss assessment civil code Article 446 accessory judgment quashing

Cited Legislation

AI generated
Art. 446 § 2 k.c.
Art. 446 § 3 k.c.
Art. 398 § 1 k.p.c.
Art. 231 § 17 k.p.c.
Art. 108 § 2 k.p.c.
art. 446 § 3 k.c
art. 39815 § 1 k.p.c
art. 446 § 2 k.c
art. 446 § 4 k.c
art. 383 k.p.c

Cited Case Law

AI generated
III CSK 386/07
Supreme Court quashes civil judgment for excessive alimony due to flawed income assessment and procedural errors.
IV CK 371/03
I PK 97/09
Supreme Court quashes appeal judgment for awarding damages ex novo under new law not applicable at first instance.
IV CK 445/03
IV CSK 192/07
Supreme Court allows claim for life insurance compensation covering non-material damage to parents from child's death.
V CSK 544/07
Supreme Court partially allowed appeal, increasing death compensation to 80k PLN based on life situation and adequacy.

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