Kwestia autonomicznej kwalifikacji umów cywilnoprawnych w systemie ubezpieczeń społecznych
The matter of autonomous qualification of contracts in the context of the social security system

Summary/Abstract: The author observes that on the basis of the Act on the System of SocialSecurity the differentiation between mandate contracts and contracts for specificwork is of primarily practical nature. It determines the possibility of recognizing particularcontracts as autonomous right to social security. The author indicates a set ofcriteria 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 concerningperforming 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 socialsecurity must not differ from their qualification in civil law. Rules that social securityis common and compulsory might justify application of directional directive orderingdeciding on the doubts concerning law, only when civil law instruments of interpretationof expressions of will do not allow for qualifying a contract as a mandate contractor a contract for specific work, which might take place in extraordinary circumstancesof mixed contracts.

• Details
• Contents