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An agreement is lawful whereby the transferor of a business undertakes to reimburse the transferee for dismissal compensation
Droit Immobilier

An agreement is lawful whereby the transferor of a business undertakes to reimburse the transferee for dismissal compensation

📅 Decision of 30 May 1980🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 10 views📖 2 min read

An agreement is lawful whereby the transferor of a business undertakes to reimburse the transferee for any compensation that the latter would pay in respect of notice periods and length of service to those employees whom it decides after the transfer to dismiss, provided that, since Article L 122-12 of the Labour Code does not prevent the new operator from terminating indefinite-term employment contracts for a real and serious cause, such an agreement does not harm the rights of employees to whom it cannot be opposed, does not relate to damages for unfair dismissal, and is not intended to circumvent the public policy provisions of the aforesaid article.

Reference decision: cc • No. 78-15.874 • 1980-05-30 • Consult the decision →

This decision sheds important light on your property rights. Here is what it means for you.

The situation

An agreement is lawful whereby the transferor of a business undertakes to reimburse the transferee for any compensation that the latter would pay in respect of notice periods and length of service to those employees whom it decides after the transfer to dismiss, provided that, since Article L 122-12 of the Labour Code does not prevent the new operator from terminating indefinite-term employment contracts for a real and serious cause, such an agreement does not harm the rights of employees to whom it cannot be opposed, does not relate to damages for unfair dismissal, and is not intended to circumvent the public policy provisions of the aforesaid article.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly observe the legal time limits for bringing an action
  • Keep all your supporting documents (titles, deeds, correspondence)
  • Anticipate: preventive advice is always cheaper 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: 78-15.874
  • Court: Cour de cassation
  • Decision of: 30 May 1980

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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