Reference decision: cc • No. 88-41.902 • 1991-07-10 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
The employment tribunal violates Articles 15, 16 and 68 of the New Code of Civil Procedure when, where the amicable liquidator of a company has not appeared, it takes note of the modification of an employee's claim and allows it, given that, on the one hand, it does not appear from the proceedings that the opposing party was duly informed of the employee's new claim, and that, on the other hand, since a new claim is admissible until the close of the proceedings, it is for the court to ensure that the principle of adversarial proceedings is observed in relation to it.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly comply with statutory time limits for appeals
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Be proactive: 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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