The compensation for permanent disability (it is not earning), in that way our Supreme Court in Sentence fourteenth of December 2017 has established it. It can seem clear that the compensation for permanent disability it is privative however it was not a pacific issue.
In telhis case that we are analysing , the compensation ( amount greater than 100.000€ ) it was effective to the incapable spouse who was in the community of property before The Judge issued a Divorce decree. It was precisely in that Sentence of First instance where it was recognized, firstly , that the compensation had community of property which it was ratified for The National Audience.
Nevertheless, the Sentence which was mentioned ( fourteenth of December 2017), The Supreme Court declared the opposite, because The Supreme Court established as privative that compensation and, therefore, it was excluyed of the asset of the inventory which belongs to the community of property.
(The female spouse non incapable) defended that the compensation must be (considered matrimonial property), in agreement to the article 1347 CC, because the compensation is perceived because of social benefit which is given for the company to his workers. It is not compensated the damages suffered ( article. 1346.6°. CC ) even it is not inherent to the human person ( article 1346.5°. CC ).
The male incapable spouse on the contrary he understood that, in agreement with the article. 1346 CC, the compensation is privative because it has been paid for an insurance as consequence he has been incapacitated to do any profession, therefore it would be a inherent right to his own person.
And it has been with this reason The Supreme Court has argued the privative role of the compensation for permanent disability.