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The Court's Ruling Must Be Upheld
Droit Immobilier

The Court's Ruling Must Be Upheld

📅 Decision of 12 January 2010🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 17 views📖 2 min read

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.

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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Legal information

  • Number: 08-44.321
  • Court: Cour de cassation
  • Decision of: 12 January 2010

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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