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When the employee takes note of the
Droit Immobilier

When the employee takes note of the

📅 Decision of 08 June 2005🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 15 views📖 2 min read

When the employee claims constructive dismissal because of acts he attributes to his employer, this termination produces the effects either of an unfair dismissal if the alleged facts justified it, or, otherwise, of a resignation; and since the contract was terminated by the employee's constructive dismissal, any subsequent initiative by the employer to dismiss the employee is null and void.

Reference decision: cc • No. 03-43.321 • 2005-06-08 • View the decision →

This decision provides important insight into your property law. Here is what it changes for you.

The situation

When the employee claims constructive dismissal because of acts he attributes to his employer, this termination produces the effects either of an unfair dismissal if the alleged facts justified it, or, otherwise, of a resignation; and since the contract was terminated by the employee's constructive dismissal, any subsequent initiative by the employer to dismiss the employee is null and void.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Scrupulously comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: 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: 03-43.321
  • Court: Cour de cassation
  • Decision of: 08 June 2005

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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