Cour de Cassation, Chambre civile 2, du 8 décembre 1965, Publié au bulletin
Case Outcome | REJET. |
Court | Deuxième Chambre Civile (Cour de Cassation de France) |
Date | 08 décembre 1965 |
Publication au Gazette officiel | N° 983 |
ATTENDU QUE LE POURVOI REPROCHE A LA DECISION, AYANT ORDONNE LE REMBOURSEMENT DES PRESTATIONS, D'AVOIR REJETE L'EXCEPTION DE PRESCRIPTION BIENNALE, TIREE DE L'ARTICLE 550 DU CODE DE LA SECURITE SOCIALE, ALORS QU'IL N'AURAIT PAS ETE REPONDU AUX CONCLUSIONS DE THIERRY, LESQUELLES SOUTENAIENT QUE CE DERNIER NE S'ETAIT LIVRE A AUCUNE MANOEUVRE DOLOSIVE POUR PERCEVOIR LES PRESTATIONS, ET QUE LA VERIFICATION TARDIVE DE LA CAISSE LUI CAUSAIT UN PREJUDICE DONT L'EVALUATION DEVAIT COMPENSER LE MONTANT DU REMBOURSEMENT RECLAME ;
MAIS ATTENDU QUE L'ARRET ENONCE QU'IL CONVIENT D'ENTENDRE PAR FAUSSE DECLARATION TOUT PROCEDE VOLONTAIREMENT EMPLOYE PAR L'INTERESSE POUR LAISSER LA CAISSE DANS L'IGNORANCE D'ELEMENTS D'APPRECIATION SUR SA SITUATION PERSONNELLE DONT LA REVELATION L'EUT CONDUITE A LA SUPPRESSION DES PRESTATIONS SERVIES, ET QU'EN LAISSANT EXPRES IGNORER A LA CAISSE L'EXISTENCE DU PRET QUI LUI AVAIT ETE CONSENTI, THIERRY S'ETAIT RENDU COUPABLE DES AGISSEMENTS VISES PAR L'ARTICLE 550 DE NATURE A LA PRIVER DE LA PRESCRIPTION BIENNALE, QUE PAR DE TELS MOTIFS, LA COMMISSION REGIONALE D'APPEL A IMPLICITEMENT ET NECESSAIREMENT REPONDU AUX CONCLUSIONS EN ECARTANT LE PREJUDICE ALLEGUE ET LA COMPENSATION, ET A AINSI...
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