Husband liable for wife’s insurance contribution debt

ATA/596/1995Court of Justice / Administrative ChamberOct 24, 1995Confirmed

Extracted by Omnilex

Omnilex summary

The case concerned whether a husband could be held liable for his wife’s unpaid insurance contributions. The court held that, once the wife’s affiliation was actually established, the contributions were due. Because the appellant gave no explanation capable of calling that affiliation or the debt into question, the liability was maintained under the applicable statutory rule.

Omnilex headnote

LAMA 12; liability for a spouse’s insurance contribution debt and proof of affiliation. Where the factual affiliation of the insured spouse is established, the contribution claim is due; absent any substantiated explanation from the appellant, the debt is upheld. The husband answers for the spouse’s contribution obligation under the statutory rule cited, so the debt may be enforced against him (consid. unspecified).

Full text

Descripteurs

ASSURANCE SOCIALE; AM; CONJOINT; RESPONSABILITE FONDEE SUR LE DROIT PUBLIC; PRIME D'ASSURANCE; DEVOIR DE COLLABORER; ASSU

Normes

LAMA.12

Résumé

Le mari répond de la dette de cotisation de son épouse (RAMA 1993 p.83). La réalité de l'affiliation de l'épouse étant établie, les cotisations sont dues (le recourant ne donne aucune explication).

Keywords

social insuranceinsurance premiumspousal liabilityduty to cooperateaffiliationpublic law liability

Key legal questions extracted by Omnilex

Whether the husband is liable for his wife’s outstanding insurance contribution debt.

Yes. The husband must answer for the contribution debt incurred by his wife.

Under the applicable rule, the husband is liable for the spouse’s contribution obligation. Since the wife’s affiliation was established in fact, the contributions were due and the appellant provided no contrary explanation.