Kwestia autonomicznej kwalifikacji umów cywilnoprawnych w systemie ubezpieczeń społecznych

• Authors: Bogusław Lackoroński

Title variants

EN

The matter of autonomous qualification of contracts in the context of the social security system

Abstracts

EN

The author observes that on the basis of the Act on the System of Social Security the differentiation between mandate contracts and contracts for specific work is of primarily practical nature. It determines the possibility of recognizing particular contracts as autonomous right to social security. The author indicates a set of criteria enabling to differentiate those two types of contracts–a type of performance, an obligation concerning the result and due diligence action, a range of risk concerning performing such contracts, a possibility to terminate them by one-sided legal acts. The author claims that qualification of civil law contracts in context of the system of social security must not differ from their qualification in civil law. Rules that social security is common and compulsory might justify application of directional directive ordering deciding on the doubts concerning law, only when civil law instruments of interpretation of expressions of will do not allow for qualifying a contract as a mandate contract or a contract for specific work, which might take place in extraordinary circumstances of mixed contracts.

Keywords

EN

civil law; contract of specific work; contract of mandate; insurances

• Publisher: Kancelaria Sejmu / Chancellery of the Sejm
• Journal: Zeszyty Prawnicze BAS
• Year: 2016
• Issue: 4(52)
• Pages: 29-56

Dates

published

2016

Contributors

author

Bogusław Lackoroński

• Uniwersytet Warszawski

Identifiers

Biblioteka Nauki

2216713