Cour de Cassation, Chambre sociale, du 20 juillet 1978, 77-10.202, Publié au bulletin
Presiding Judge | PDT M. Laroque |
Case Outcome | Cassation |
Counsel | Demandeur AV. M. Le Bret |
Date | 20 juillet 1978 |
Docket Number | 77-10202 |
Citation | ID. Cour de Cassation (Assemblée plénière) 1978-07-07 Bulletin 1978 A. P. N. 4 p.5 (CASSATION)<br/> |
Court | Chambre Sociale (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre sociale N. 627 P. 467 |
ATTENDU QU'AUX TERMES DE CE TEXTE, SE PRESCRIVENT, PAR CINQ ANS, LES ACTIONS EN PAIEMENT DES ARRERAGES DES RENTES PERPETUELLES ET VIAGERES ET DE CEUX DES PENSIONS ALIMENTAIRES, DES LOYERS ET FERMAGES, DES INTERETS DES SOMMES PRETEES ET GENERALEMENT DE TOUT CE QUI EST PAYABLE PAR ANNEE OU A DES TERMES PERIODIQUES PLUS COURTS ;
QUE CETTE DISPOSITION NE S'APPLIQUE PAS LORSQUE LA CREANCE, MEME PERIODIQUE, DEPEND D'ELEMENTS QUI NE SONT PAS CONNUS DU CREANCIER, ET QUI, EN PARTICULIER, DOIVENT RESULTER DE DECLARATIONS QUE LE DEBITEUR EST TENU DE FAIRE ;
ATTENDU QUE LA CAISSE DE RETRAITE INTERENTREPRISES AGRICOLES, INSTITUTION DE RETRAITES COMPLEMENTAIRES AGRICOLES DITE CRIA-IRCA A, LE 18 MARS 1972, FAIT ASSIGNER DUHAMEL, QUI N'Y AVAIT PAS AFFILIE SON PERSONNEL, EN PAIEMENT DES COTISATIONS DUES POUR LES ANNEES 1964 A 1971 AU REGIME DE RETRAITE COMPLEMENTAIRE DES SALARIES DES EXPLOITATIONS AGRICOLES AINSI QUE DES MAJORATIONS DE RETARD ;
QUE L'INTERESSE S'EST ACQUITTE POUR LE TOUT DES COTISATIONS MAIS N'A OFFERT DE VERSER LES MAJORATIONS DE RETARD QU'A COMPTER DU DEUXIEME TRIMESTRE 1967, INVOQUANT LA...
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