Prejudiciu material şi moral, produs asiguratului prin fapta ilicită constând în emiterea deciziei de revizuire a pensiei, consecutiv cu emiterea deciziei de recuperare debit. Stabilirea nelegalităţii acestor decizii prin hotărâri judecătoreşti definitive: DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Camelia Lucaciuc

Material and moral damage caused to the insured person by the unlawful act consisting in the issuing of the pension review decision, consecutive to the issuing of the debt recovery decision. Establishment of the illegality of these decisions by final judg

DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Authors

Camelia Lucaciuc Author

Abstract

By the retroactive effect of the court judgments on the unlawfulness of the review decision and of the deductions from the insured person's pension rights, the unlawful nature of the deductions, and therefore the unlawful act of the defendant, was established with authority of res judicata, a situation which determines the fulfilment of the conditions of Article 1.349 of the Civil Code allowing the defendant to incur civil liability for non-material damage consisting in the impairment of mental and physical health by the permanent stress caused by the unjustified reduction in income.

Since the sums of money withheld by the recovery decision have been returned to the insured person, he is also entitled to compensation for the benefit not realised, in accordance with the provisions of Article 1.531(2) of the Code of Civil Procedure, quantified at the level of statutory default interest.