of July 30, 1998 No. 123-XIV
About capitalization of time payments
The parliament adopts this organic law.
For the purpose of this law the following basic concepts are used:
capitalization of time payments - funds accumulation and their department from other property of the debtor for the purpose of implementation subsequently payments for benefit of the beneficiary;
the debtor - the legal entity or the company with the rights of physical person which shall make time payments for benefit of the beneficiary;
the beneficiary - the citizen having according to the law, the right to compensation of the damage caused to his health or in connection with the death of the supporter;
fund - National cash desk of social insurance;
the third party - physical person or legal entity (except National cash desk of social insurance) with which the beneficiary signed the devolution agreement of debt.
Subject of legal regulation of this law are the social relations connected with time payments which the debtor shall perform by means of capitalization of the last for benefit of the beneficiary in connection with liquidation of the debtor if according to its obligations there are no legal successors.
(1) Capitalization of time payments is performed in connection with liquidation of the debtor in cases when he has no legal successors according to obligations.
(2) Capitalization of time payments is performed according to the procedure, provided for transfer of debt according to the obligation, and it is drawn up by the agreement signed by the debtor, on the one hand, and fund or the third party who acts for the benefit of the beneficiary, on the other hand.
(3) the Devolution agreement of debt according to the obligation of implementation of time payments is signed only with the consent of the beneficiary.
(4) In the agreement surname and name (name), the residence or the location of the parties, including the beneficiary, the amount of monthly time payments for benefit of the beneficiary and the amount which is subject to capitalization, money transfer term into the account of fund or to the third party, and also other conditions by agreement of the parties shall be entered.
The basis for the address concerning capitalization of time payments are:
a) the decision on liquidation of the debtor made by the body having on it powers;
b) decision of degree of jurisdiction on recognition of the debtor insolvent and opening of bankruptcy proceedings.
The initiative of capitalization of time payments can proceed from the beneficiary, fund, the third party or the debtor.
(1) In case of liquidation of the debtor on the bases specified in Article 4, the debtor or degree of jurisdiction in 10-day time informs the beneficiary and fund on obligations of the debtor for compensation of damage to the beneficiary.
(2) Fund or the third party in 10-day time from the date of receipt of the notice on decisions, stipulated in Article 4, informs all revealed beneficiaries, and also persons who, in his opinion, can be those in relation to obligations of the debtor, about liquidation of the last, about their rights according to the statement of requirements to the debtor and requests from the beneficiary appropriate authority for representation of its interests when implementing capitalization of time payments. The procedure of capitalization of time payments is performed based on the statement of the beneficiary.
(3) If in 10-day time from the date of receipt of the notice on decisions, stipulated in Article 4, the beneficiary did not give the answer or did not send to fund of accurately expressed refusal concerning representation of its interests or if the location of the beneficiary is not established and there are no bases to consider him the dead, the fund acts for the benefit of the beneficiary based on the agreement as though appropriate authority was conferred to it.
(1) the Beneficiary or his legal representative files in fund statement in which the surname and name of the beneficiary and, if necessary, surname and name of his legal representative, the name of the debtor obliged to make time payments for benefit of the beneficiary and its location, the bases for implementation of time payments (the conclusion of the National consultation of establishment of restriction of opportunities and working capacity or forensic medical examination or the decision of degree of jurisdiction), the size of the monthly payments received by the beneficiary for date of filing of application and term for which they are established, the legal act which formed the basis for filing of application and also other data which can matter in case of consideration of the application are specified. The copy of the last conclusion of the National consultation of establishment of restriction of opportunities and working capacity or forensic medical examination or the decision of degree of jurisdiction which establishes the amount of time payments and term of their payment is enclosed to the application.
(2) Fund in 10-day time from the date of submission of the documents specified in part (1), considers the application and, if necessary, requires submission of the additional information.
(3) based on the statement of the beneficiary fund has the right to request from the debtor any documents necessary for establishment of time payments and their payment, and also for determination of the amount which is subject to capitalization.
Transfer to the third party of debt according to the obligation of implementation of time payments for benefit of the beneficiary is performed with the consent of the last based on the agreement certified notarially.
(1) the Amount which is subject to capitalization in case of liquidation of the debtor is determined depending on the amount of the made time payments for benefit of the beneficiary and term for which they are established.
(2) In cases when term for implementation of time payments is established before achievement by the beneficiary of retirement age or age of majority, the amount of capitalization is determined by degree of jurisdiction in each separate case taking into account the state of health of the beneficiary, term for which time payments, and also other factors important for permission of case are established. If necessary the degree of jurisdiction can appoint examination for check of the state of health and determination of working capacity of the beneficiary.
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