
The DUTA & Associates law firm consists of a team of experienced and dedicated professionals. With a main office in the Grand Duchy of Luxembourg and a secondary office in Paris, we assist our clients in both disputes before the Luxembourg courts and the French courts.
We are committed to providing high-level legal services to our clients. Very concerned with respecting ethics, we scrupulously ensure respect for the values of humanity and ethics. We are aware that our clients entrust us with sensitive matters which deserve a rigorously ethical and humane approach.
Whether you are a business or an individual, we are available to help you. With a generalist vocation, the firm has the advantage of mastering complete legal issues. It is not uncommon for a dispute to sometimes involve the intersection of several branches of law. For example, a family law or labor law dispute may well have a civil aspect and a criminal aspect. The firm is able to provide comprehensive assistance on all aspects of the dispute. Accustomed to international disputes, we are able to intervene both in Luxembourg and in France, mastering conflicts of law and the rules of jurisdiction.
The firm is also a member of the international network of lawyers "LAWROPE - International lawyers network", which allows it to have a network of law firms in numerous countries to handle cases presenting transnational legal issues.
Practice areas
Family
- Elements of foreignness, judicial jurisdiction, applicable law
- Divorce on the merits and ancillary measures,
- Parental authority, child custody and alimony,
- Concept of "the best interests of the child",
- Concept of "alienation ",
- Failure to present a child (criminal aspect),
- Action for recognition of paternity,
- International parental abduction (civil and criminal aspect),
- Guardianship of adults, administration of the incapable person's assets,
- Liquidation of the regime matrimonial: reconstitution of the estate, principle and calculation of rewards, post-community debt, occupation compensation, property acquisition,
- Youth protection: placement of minors, educational assistance.
Elder Law
Elements of foreignness, judicial jurisdiction, applicable law,
- Action for reduction of gifts, - Action for withdrawal of matrimonial benefits,
- Cancellation of will/donation due to insanity of mind,
- Formal invalidity of the will,
- Clause “ fidéiscomis",
- Disguised or indirect donation,
- Action for partition and licitation of joint ownership,
- Rescision for injury in the context of a division of inheritance,
- Criminal aspect (civil party or criminal defense): inheritance of inheritance, breach of trust , abuse of weakness,
- Interim proceedings: sequestration, sealing, legal expertise,
- Sharing of an agricultural estate following an inheritance (Luxembourg),
- Restitution “status quo ante”, theory of expenses, compensation of occupation following a cancellation of the act.
Employment & Labor
- Representation of the employer/employee before the labor courts,
- Safety and health at work: workplace accidents, - Drafting of cover letters for dismissal,
- Liability for harassment/discrimination at work.
Real Estate
- Construction defects and defects,
- Real estate seizure,
- Possessory actions, easements, illicit elevation,
- Cancellation of sale for defects in consent,
- Rescission of a real estate sale due to injury,
- Civil and commercial lease law – respective obligations of the parties,
- Construction defects – legal guarantees of the builder,
- Right of expertise in construction matters,
- Co-ownership: cancellation of meeting minutes, appointment of a legal representative,
- Concept of fixed price contract,
- Responsibility of the State in the context of the execution of public construction contracts.
Bankruptcy & Debt
- Recovery of commercial debts, enforcement methods,
- Commercial arbitration,
- Contractual liability for early termination of commercial contract,
- International commercial contract dispute: execution of obligations, novation, judicial resolution,
- Civil and criminal liability of the manager in the event of bankruptcy ,
- Action to recover liabilities,
- Bankruptcy – criminal aspect,
- Dispute between partners (current account),
- Unreasonable breakdown of negotiations – loss of opportunity,
- Summons for bankruptcy.
Criminal Defense
- Assistance before police authorities, investigating courts and trial courts (JIRS, correctional, criminal – appeal and cassation),
- Organized crime (Specialized Interregional Jurisdiction – JIRS): cases of aggravated theft, receiving stolen property, criminal associations , pimping, illicit assistance to illegal immigrants,
- Criminal chamber in Luxembourg: kidnapping, rape, domestic violence, sexual assault on a minor,
- Return of seized goods (Chamber of the Council France, Luxembourg and Belgium),
- Narcotics, customs smuggling,
- Labor concealed, trafficking in human beings,
- Occupational safety and health requirements: liability of managers for injuries and/or involuntary homicide,
- Traffic accident: involuntary homicide,
- Voluntary assault and battery,
- Money laundering,
- Offenses to the Customs Code, breaches of the reporting obligation,
- Business criminal law: abuse of company assets, breach of trust, subsidy fraud, forgery and use of forgery, corruption,
- Road criminal law: violations of the Highway Code , withdrawal of driving license.
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