Property dispute: understanding your rights and remedies

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Although Article L. 122-45 of the Labour Code, which prohibits dismissing an employee in particular because of their state of health or disability, except where unfitness for work has been established by the occupational health physician under Title IV of Book II of the same Code, does not preclude dismissal that is justified not by the employee's state of health but by the objective situation of the company, whose operation is disrupted by the prolonged absence or repeated absences of the employee concerned, the employee may nevertheless be dismissed only if these disruptions make it necessary for the employer to replace them permanently.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for bringing an action
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.