Pensie de urmaş. Copil născut în afara căsătoriei, ulterior decesului tatălui. Paternitate stabilită prin hotărâre judecătorească. Data acordării drepturilor

Survivor's pension. Child born out of wedlock after the death of the father. Paternity established by court order. Date of grant of rights

Abstract

Even if it were considered that the application for a survivor's pension could not have been filed before the final judgment of 11 October 2021, by non-appeal, of the Civil Judgment no. 5724/22 June 2021, pronounced by Bucharest District 2 Court, the pension claim should have been submitted within 30 days of 11 October 2021. However, the application for a survivor's pension was filed well after the expiry of this deadline, i.e. on 25 March 2022. In that context, the court correctly held that pension rights are due from the date of submission of the application.

The appellant's references to the provisions of Articles 36 and 532 of the Civil Code cannot be granted, since the present case...