Questão jurídica principal
Whether the appellant was liable under Art. 52 LAVS for the company’s unpaid social security contributions.
Decisão extraída
Yes. As sole director and officer, he committed serious fault by deliberately leaving the contribution debts unpaid for more than a year without concrete, objective grounds to expect timely payment.
Fundamentação extraída
A troubled employer may delay contributions only if, at the time of the decision, there are serious and objective reasons to believe payment will be possible within a reasonable time. Mere hopes of incoming funds or keeping the company afloat are insufficient; here no concrete financial stabilization was shown and insolvency led to bankruptcy.