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Common-consent termination: employee consent is of the foremost importance
- Bersay & Associes
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- France
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- April 19 2013
Common-consent termination agreements are contracts that are, as such, subject to the general rules on the validity of contracts, in particular the
Termination of a lease may be sought three months after the opening of liquidation proceedings or, in case of conversion of proceedings, after the opening of the previous proceedings
- Bersay & Associes
- -
- France
- -
- April 19 2013
In the instant case, a lessee had been placed into receivership on September 27, 2010, and then into court-ordered liquidation on November 8, 2010
Shoring up the personal records of an employee may prevent the employer from taking disciplinary measures against the employee (formally)
- Bersay & Associes
- -
- France
- -
- April 19 2013
A few years ago the courts had ruled that a letter sent by an employer to an employee setting out grievances against the employee and inviting the
Accumulation of termination payments in case of undeclared work
- Bersay & Associes
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- France
- -
- April 19 2013
In a significant decision dated February 6, 2013 (no. 11-23.738), the Supreme Court reversed its prior case law precedent by holding that the flat
Date to which an expert appointed pursuant to Article 1843-4 of the Civil Code should refer when valuing the shares of a shareholder exiting a société civile
- Bersay & Associes
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- France
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- April 19 2013
A shareholder in a société civile (civil company) had been authorized by a court to withdraw from it. Absent an amicable agreement with the other
The French Supreme Court adds a limitation to the moral rights of the author of an architectural work
- Bersay & Associes
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- France
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- April 19 2013
The issue argued before the French Supreme Court (Cour de Cassation) was whether the abandonment of a portion of a building project for ten years
Situation concerning the provisional measures under law 2008-561 dated June 17, 2008 reforming the statute of limitations
- Bersay & Associes
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- France
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- April 19 2013
Law 2008-561 of June 17, 2008 enacted a reform of the statutes of limitations in civil and commercial matters. Accordingly, under the ordinary rule
An employer is free to view an employee’s personal USB flash drive if connected to a professional computer
- Bersay & Associes
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- France
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- April 19 2013
In a ruling on February 12, 2013 (no. 11-28.649), the French Supreme Court (Cour de Cassation) held that an employer could access the data contained
Cancellation due to absence of underlying rationale for a service agreement entered into between a company and the EURL of its director general
- Bersay & Associes
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- France
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- February 18 2013
An SA (limited company) had entered into an agreement with an EURL (single-member limited liability company), whose managing shareholder was the
The French Supreme Court orders a project manager to pay for work he overlooked
- Bersay & Associes
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- France
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- February 18 2013
The question put to the French Supreme Court (Cour de Cassation) was as follows: is a builder liable for the consequences of work that was overlooked
