Особености на добросъвестността в държавното обществено осигуряване
Characteristics Of Good Faith In The State Social Security System

Author(s): Teodora Filipova
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: good faith; social security legal relation; recovery of social payments; presumption
Summary/Abstract: The subject of the study is the legal significance of good faith of the insured person in state social security as a criterion for the recovery of unjustly received social payments. The regulatory framework in Art. 114, para. 2 of the Social Security Code is analyzed, refracted through the prism of the general theory of legal good faith in civil law along with the reflection of the authority method of regulation – i.e. the lack of equality between the socially insured person and the social security authority. The features of a general composition of good faith and special factual compositions of good faith with different legal consequences for the insured person are outlined. The article comments on the relevant case law.

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