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The qualification contract defined in
Droit Immobilier

The qualification contract defined in

📅 Decision of 03 March 1998🔄 Updated on 14 October 2026⚖️ Cour de cassation👁️ 31 views📖 2 min read

The qualification contract defined in Article L. 980-2 of the French Labour Code in its version under the Act of 31 December 1991, which constitutes a fixed-term employment contract within the meaning of Article L. 122-1 of the Labour Code, is automatically transferred to the transferee by operation of Article L. 122-12, paragraph 2, of the same Code upon the transfer of the undertaking.

Reference decision: cc • N° 95-42.609 • 1998-03-03 • View the decision →

This decision provides important insight into your property rights. Here is what it means for you.

The situation

The qualification contract defined in Article L. 980-2 of the French Labour Code in its version under the Act of 31 December 1991, which constitutes a fixed-term employment contract within the meaning of Article L. 122-1 of the Labour Code, is automatically transferred to the transferee by operation of Article L. 122-12, paragraph 2, of the same Code upon the transfer of the undertaking.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly observe the statutory time limits for appeals
  • Keep all your supporting documents (titles, deeds, correspondence)
  • Plan ahead: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 95-42.609
  • Court: Cour de cassation
  • Decision of: 03 March 1998

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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