Termination received in 1995 governed by LAMA

ATA/164/1997Cour de justice / Chambre administrative4 mars 1997

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Résumé Omnilex

The case concerns the temporal applicability of the former health insurance statute to a termination notice received by the insurer in December 1995. The summary indicates that the notice is governed by the LAMA, implying that the pre-revision law applies to that termination.

Regeste Omnilex

Temporal application of social insurance legislation; a termination notice received by the insurer in December 1995 is governed by the former LAMA. Where a legal relationship or declaration falls under a transitional regime, the decisive factor is the time at which the relevant act was received, so that the prior statute continues to apply to notices received before the change in law.

Texte intégral

Descripteurs

ASSURANCE SOCIALE; AM; RESILIATION; REVISION(LEGISLATION); ASSU

Normes

LAMO.10

Résumé

Une résiliation parvenue à l'assureur en décembre 1995 est soumise à la LAMA.

Mots-clés

social insuranceterminationtransitional lawold lawhealth insurance

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Questions juridiques clés extraites par Omnilex

Question juridique clé

Whether a termination received by the insurer in December 1995 is governed by the former health insurance statute (LAMA).

Solution extraite

The termination is subject to the former LAMA.

Motifs extraits

The summary states that a termination received by the insurer in December 1995 remains governed by the pre-revision legal regime.

Termination received in 1995 governed by LAMAGénéré par IA