PRACTICE AREAS
Expertise in dispute
resolution
The law firm aims to provide you with the best possible services, in the shortest possible time and at the best possible price, in a wide range of areas of expertise, both in Luxembourg and in France.
Expertise in dispute resolution
DUTA & Associates law firm offers expertise in labor law to handle issues of employment contract termination, wage arrears, and harassment. We also assist our clients in social security law, including work-related accidents, disability, and occupational diseases.
Our team is qualified to provide legal advice in real estate law, including construction, lease agreements (residential and commercial), and neighborhood disputes. We are also specialized in family law to handle issues of divorce, child custody, alimony, as well as in personal and estate law to manage successions and property liquidations.
The firm has expertise in general criminal law, traffic criminal law, and business criminal law to handle cases of fraud, embezzlement, money laundering, and other financial crimes. We also offer commercial law services to manage commercial relations breakdowns, disputes between partners, debt recovery, and competition law.
When cases require in-depth expertise in corporate and tax law, we work closely with other renowned law firms in these areas to provide comprehensive assistance to our clients.
Our areas of expertise
Family Law
- Elements of extraneousness, jurisdiction, applicable law
- Divorce and ancillary measures
- Parental authority, child custody and child support
- Notion of "best interests of the child"
- Notion of "parental alienation"
- Failure to present a child (criminal aspect)
- Action for paternity recognition
- International parental child abduction (civil and criminal aspects)
- Guardianship for adults, administration of incapable persons' property
- Liquidation of matrimonial regime: reconstitution of the mass, principle and calculation of rewards, post-community claim, occupation compensation, real estate accession
- Protection of youth: placement of minors, educational assistance.
Employment Law
- Representation of employer/employee before labor courts,
- Safety and health at work: work accidents,
- Drafting of dismissal letters,
- Liability for workplace harassment/discrimination.
SUCCESSION LAW
- Elements of extraneity, jurisdictional competence, applicable law,
- Action for reduction of liberalities,
- Action for deduction of matrimonial advantages,
- Annulment of will/donation for reasons of insanity,
- Formal invalidity of the will,
- "Fideicomis" clause,
- Disguised or indirect donation,
- Action for partition and sale of joint ownership,
- Rescission for lesion in the context of a succession division,
- Criminal aspect (civil party or criminal defense): inheritance concealment, breach of trust, abuse of weakness,
- Summary procedure: sequestration, affixing of seals, judicial expertise,
- Division of an agricultural estate following a succession (Luxembourg),
- Restitution "statut quo ante", theory of expenses, occupancy allowance following the annulment of an act.
CRIMINAL LAW
- Assistance before police authorities, investigating courts and trial courts (JIRS, correctional, criminal - appeal and cassation),
- Organized crime (Interregional Specialized Jurisdiction - JIRS): cases of aggravated theft, handling stolen goods, criminal associations, pimping, illegal assistance to illegal immigrants,
- Criminal chamber in Luxembourg: kidnapping, rape, domestic violence, sexual assault on minors,
- Restitution of seized property (Council Chamber France, Luxembourg and Belgium),
- Drugs, customs smuggling,
- Undeclared work, trafficking in human beings,
- Occupational safety and health regulations: liability of executives for injuries and/or manslaughter,
- Traffic accidents: involuntary manslaughter,
- Voluntary assault and battery,
Money laundering,
- Customs offenses, breaches of the declaration obligation,
- Business criminal law: misuse of company assets, breach of trust, subsidy fraud, forgery and use of forged documents, corruption,
- Road traffic criminal law: offenses under the Highway Code, driving license withdrawal.
Real Estate
- Construction defects and flaws,
- Real estate foreclosure,
- Possessory actions, easements, - illegal raising of land,
- Cancellation of a sale due to consent defects,
- Rescission of a real estate sale for cause of lesion,
- Civil and commercial lease law - respective obligations of the parties,
- Construction defects - legal guarantees of the builder,
- Expertise law in construction matters,
- Condominium law: cancellation of assembly minutes, appointment of a judicial representative,
- Notion of a flat-rate contract,
State liability in the context of the execution of public construction contracts.
Civil Law
- General contractual and tort liability,
- State's strict liability,
- Bank liability,
- Accidents – compensation for bodily harm,
- Judicial expertise law,
- Liability of notaries, lawyers, and experts,
- Neighborhood disturbances,
- Real estate sale mandates, sale agreements, penalty clause, damages and interest,
- Hidden defects warranty – conformity warranty.
European transport legislation
Road law in Europe is a complex and constantly evolving field. Rules and laws governing roads and drivers vary considerably from one country to another, which can make driving on European roads difficult for foreign travelers. However, there are common rules throughout the European Union, such as standardized road signs, minimum and maximum speed limits, and requirements for driver's licenses.
Bankruptcy and insolvency procedures
- Recovery of commercial debts, enforcement procedures,
- Commercial arbitration,
- Contractual liability for early termination of commercial contract,
- International commercial contract disputes: performance of obligations, novation, judicial resolution,
- Civil and criminal liability of the manager in case of bankruptcy,
- Action to supplement the liability,
- Bankruptcy - criminal aspect,
- Dispute between partners (current account),
- Abusive termination of negotiations - loss of chance,
- Bankruptcy proceedings.
ADMINISTRATIVE LAW
- Right of residence in the Grand Duchy of Luxembourg,
- Family reunification,
- Naturalization France - Luxembourg,
- Reinstatement of French nationality,
- Requests for international protection,
- Administrative litigation - urban planning,
- Administrative sanctions,
- Litigation of European officials before the European Union Tribunal.
International Law
- Private international law: applicable law and jurisdiction: status of individuals, labor law, international trade, property law,
- Appeals to the European Court of Human Rights (ECHR),
- Recognition and enforcement of foreign judgments relating to property or individuals.
