Cour de Cassation, Chambre sociale, du 2 mars 1972, 71-10.055, Publié au bulletin
Presiding Judge | PDT M. LAROQUE |
Case Outcome | Cassation |
Counsel | Demandeur AV. M. ROUSSEAU |
Citation | . CF. Cour de Cassation (Chambre civile 2) 1964-10-28 Bulletin 1964 II N. 650 P. 476 (REJET) . CF. Cour de Cassation (Chambre sociale ) 1971-10-13 Bulletin 1971 V N. 568 P. 480 (REJET) ET LES ARRETS CITES<br/> |
Docket Number | 71-10055 |
Date | 02 mars 1972 |
Court | Chambre Sociale (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre sociale N. 186 P. 173 |
ATTENDU QU'IL RESULTE DE CES TEXTES QU'UNE ALLOCATION DE SALAIRE UNIQUE EST ATTRIBUEE A COMPTER DU PREMIER ENFANT A CHARGE AUX MENAGES ET PERSONNES QUI NE BENEFICIENT QUE D'UN SEUL REVENU PROFESSIONNEL RESULTANT D'UNE ACTIVITE SALARIEE OU D'UNE ALLOCATION DE CHOMAGE ;
ATTENDU QUE DAME Y... QUI EXERCE UNE ACTIVITE SALARIEE A PERCU EN QUALITE DE MERE DE FAMILLE VIVANT SEULE AVEC DEUX ENFANTS, L'ALLOCATION DE SALAIRE UNIQUE JUSQU'AU MOIS DE DECEMBRE 1968 BIEN QUE DEPUIS LE MOIS DE FEVRIER 1967 ELLE EUT VECU EN ETAT DE CONCUBINAGE NOTOIRE ET PERMANENT AVEC X... QUI ETAIT EGALEMENT SALARIE ET SUBVENAIT AUX BESOINS DU MENAGE ;
ATTENDU QUE POUR DECIDER QUE DAME Y... N'AVAIT PAS PERCU A TORT L'ALLOCATION DE SALAIRE UNIQUE PENDANT LA PERIODE DU 1ER MARS 1967 AU 31 DECEMBRE 1968, LA COMMISSION DE PREMIERE INSTANCE A ESTIME QUE LES REVENUS PROFESSIONNELS DE X... NE DEVAIENT PAS ETRE PRIS...
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