Cour de Cassation, Chambre sociale, du 24 octobre 1978, 77-10.759, Publié au bulletin
Presiding Judge | PDT M. Laroque |
Case Outcome | REJET |
Counsel | Demandeur AV. M. Rouvière |
Docket Number | 77-10759 |
Date | 24 octobre 1978 |
Court | Chambre Sociale (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre sociale N. 700 P. 524 |
QU'IL FAIT GRIEF A LA COUR D'APPEL D'AVOIR DIT QU'IL NE POUVAIT ETRE ASSUJETTI AU TITRE DE L'ARTICLE L.241 DU CODE DE LA SECURITE SOCIALE DU CHEF DE L'ACTIVITE QU'IL EXERCE DEPUIS LE 29 DECEMBRE 1972 AU CABINET D'ASSUREUR-CONSEIL DEPENDANT DE LA SUCCESSION DE SON PERE ALORS, D'UNE PART, QUE L'ARRET NE REPOND PAS AUX CONCLUSIONS FAISANT VALOIR QUE DEPUIS 1955 IL ETAIT SALARIE ET FONDE DE POUVOIR DU CABINET DE SON PERE ET QUE SA MERE, UNIQUE USUFRUITIERE AYANT RENOUVELE SON CONTRAT DANS LES MEMES TERMES, AVEC L'ACCORD DES NU-PROPRIETAIRES, RIEN NE JUSTIFIAIT SA RADIATION DU REGIME GENERAL AVEC LES LOURDES CONSEQUENCES QUI EN DECOULAIENT, ALORS, D'AUTRE PART, QUE LE FAIT D'AVOIR DE LARGES POUVOIRS DE DIRECTION N'EXCLUT NULLEMENT UN LIEN DE SUBORDINATION DES LORS QUE SUBSISTE L'OBLIGATION DE RENDRE COMPTE A UN TIERS, OBLIGATION...
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