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Legal news

The contractual termination of the employment agreement

Posted on : June 14, 2016

It results from the combination of articles L1231-11 and L1237-112 of the French Employment Code (“Code du Travail français”) that the contractual termination of the employment agreement can only intervene as required by the legal rules which regulate this way of termination. Those rules are intended to guarantee the freedom of consent of the parties. This is what the French […]

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VAT in regards to the transfer of an immovable affected by a rental activity

Posted on : May 20, 2016

A fiscal mechanism foresees an exemption for the VAT to which the transfer of an immovable affected by a rental activity is subjected to. I.CASES WHERE THE EXEMPTION IS POSSIBLE: Article 257 bis of the French tax code (“Code general des impôts”) provides a specific mechanism of VAT exemption for an operation undertaken between taxable persons […]

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Decennial certification

Posted on : March 24, 2016

For construction or major works, the concerned professionals must have an insurance that covers their decennial liability. All construction professionals, whose decennial liability could be sought according to articles 1792 and following of the French civil code (“Code civil”) for major works, after their receipt, must have a mandatory specific insurance that covers their civil […]

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Article 1843-4 of the French civil code (« Code civil »): the new role of the super-expert (“tiers-expert”)

Posted on : March 24, 2016

After the French Court of cassation (“Cour de cassation”) case of the 11th of March 2014, the legislator’s decision, in his legislation of the 31st of July 2014, is to limit the powers of the super-expert (“tiers-expert”) and to return its substance to agreements concluded between the parties (statutory or not). Although this legislation gives back to […]

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Breach of contract

Posted on : March 24, 2016

Breach of contract is provided by articles L. 1237 to L 1237-16 of the French Labor code (“code du travail”) from the legislation n°2008-596 of the 25th of June 2008 on the modernization of labor market. It allows a breach of a contract of employment by an agreement between the employer and the employee. It is […]

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The MACRON reform concerning tenancy agreements

Posted on : March 24, 2016

New provisions have been implemented by the law n°2015-990 of the 6th of August 2015 for the growth, activity and equality of economic chances referred to as the Macron law. The changes are visible in articles 71, 81, 82 and 98 of this law. TERMINATION OF THE LEASE: The change of use: Article 81 of the […]

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