Reference decision: cc • No. 03-43.321 • 2005-06-08 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
When the employee claims constructive dismissal because of acts he attributes to his employer, this termination produces the effects either of an unfair dismissal if the alleged facts justified it, or, otherwise, of a resignation; and since the contract was terminated by the employee's constructive dismissal, any subsequent initiative by the employer to dismiss the employee is null and void.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Scrupulously comply with the statutory time limits for appeals
- 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.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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