Reference decision: Court of Cassation • N° 08-44.321 • 2010-01-12 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The judgment of the Court of Appeal should be approved, which, having noted that the employment tribunal conciliation record, drawn up after a settlement agreement relating to the termination of the employment contract between a football player and a club, mentioned only the payment of the settlement compensation and contained no clear and unequivocal waiver of the tax indemnity obligation contained in the settlement agreement, sovereignly inferred that the intention to novate was not established.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the legal time limits for appeal
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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