Reference decision: cc • No. 06-40.060 • 2008-11-13 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
No legal basis for the judgment which, in order to dismiss the claim of an employee, engaged by a shipowner under eighteen fixed-term contracts governed by the Maritime Labour Code, seeking their reclassification as a permanent contract, held that the replacement of absent employees was not open to challenge, nor was the seasonal activity of the shipowner. It was indeed incumbent upon the Court of Appeal to examine, as it was asked to do, whether, having been engaged under various successive and discontinuous fixed-term contracts over a period of more than thirty months, on behalf of the same shipowner, the employee, who had occupied the same duties as radio officer on each embarkation, whether for replacements or seasonal jobs, had not in fact occupied a permanent position
What the law says
This decision confirms the fundamental principles of property law.
Points to note
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (deeds, instruments, letters)
- 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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