ATA/164/1997•Termination received in 1995 governed by LAMA
ATA/164/1997Cour de justice / Verwaltungskammer04.03.1997
Von Omnilex extrahiert
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.
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.
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.
Von Omnilex extrahiert
Whether a termination received by the insurer in December 1995 is governed by the former health insurance statute (LAMA).
The termination is subject to the former LAMA.
The summary states that a termination received by the insurer in December 1995 remains governed by the pre-revision legal regime.
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