Aller au contenu principal
It is for the trial judges to
Droit Immobilier

It is for the trial judges to

📅 Decision of 16 November 1999🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 8 views📖 2 min read

It is for the trial judges to restore the true nature of the contractual relations between the parties. The Court of Appeal justifies its decision by holding, through a sovereign assessment of the facts and evidence debated before it, that, having regard to the conditions under which their work was performed, the persons made available to the hotel establishments by the defendant had the status of employees and not that of trainees.

Reference decision: Court of Cassation • No. 98-87.686 • 1999-11-16 • Consult the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

It is for the trial judges to restore the true nature of the contractual relations between the parties. The Court of Appeal justifies its decision by holding, through a sovereign assessment of the facts and evidence debated before it, that, having regard to the conditions under which their work was performed, the persons made available to the hotel establishments by the defendant had the status of employees and not that of trainees.

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 appeals
  • Keep all your supporting documents (titles, deeds, 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.
→ Prendre RDV pour une consultation droit du travail  |  → Browse all our legal articles

Legal information

  • Number: 98-87.686
  • Court: Cour de cassation
  • Decision of: 16 November 1999

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.

Book an appointment →

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.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide