Abstract The article deals with the admissibility of qualifying civil law contracts as compulsory social insurance titles with the use of abuse clauses or circumvention of social insurance law. The subject of the article is also to examine whether the legal relations of civil law, labour law, commercial law can be verified by applying social security law, in particular with legal effect for these branches of law. The article also refers to the possibility of violating social security law by applying civil law institutions (e.g. contracts of mandate), commercial law (e.g. company form) or labour law, which were applied on the basis of these branch of law in a lawful manner.

The article aims to determine whether the provisions of the Benefit Act correctly take into account the content of the risk of temporal work- inability developed in the doctrine. The main thesis of the article boils down to the statement that the Benefit Act focuses on one aspect of risk- the impact of the disease on the psychophysical ability to earnings work. The second aspect of risk- reduction of income, is taken into account only in relations to employees, because only tchem are addressed under Art. 12 sec. 1 of the Benefit Act. There is no provision similar to the regulation contained in Art. 12 of the Benefit Act and § 49 SGB V, which would provide for the suspension of the right to sickness benefit while earning income connected to the social insurance contributions.

The article aims to establish the essence of the right to care benefits from the point of view of the development of benefits related to the need for long-term care, and taking into account the category of social risk. The essence of the article boils down to the statement that the care benefit is accociated with the risk of inability to perform work due to the need to provide care to a dependent person. Formally we have protection against the risk that affects a family member of a dependent, and not herself.

The article states that there is a relationship of separateness and independence between social insurance law and civil law (autonomy of establishing and applying social security law to civil law). They also considered the use of words and notions in civil law under social insurance law, taking into account three possible situations: 1) social insurance law provisions contain identical notions to those in civil law and have a clear civilian origin; 2) the social insurance law has notions similar to those in civil law; 3) the regulations on social insurance law contain notions clearly different from the notions in civil law, but similar to them in their functions or being synonymous in Polish.