Cour de Cassation, Chambre civile 1, du 20 juin 1979, 78-11.603, Publié au bulletin
| Presiding Judge | Pdt M. Charliac |
| Case Outcome | Cassation |
| Docket Number | 78-11603 |
| Counsel | Mme Luc-Thaler |
| Date | 20 juin 1979 |
| Court | Première Chambre Civile (Cour de Cassation de France) |
| Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre civile 1 N. 189 |
ATTENDU QUE LE POURVOI NE CRITIQUE PAS LA DISPOSITION PAR LAQUELLE L'ARRET ATTAQUE A DECLARE PRESCRITE L'ACTION FORMEE PAR BELIN CONTRE LA COMPAGNIE ASSURANCES GENERALES DE FRANCE-VIE; MET HORS DE CAUSE LA COMPAGNIE ASSURANCES GENERALES DE FRANCE-VIE.
SUR LE MOYEN UNIQUE :
VU LES ARTICLES 1147 ET 1984 DU CODE CIVIL;
ATTENDU, SELON LES ENONCIATIONS DE L'ARRET ATTAQUE, QUE, PAR ACTE NOTARIE DU 3 JUIN 1971, ANDRE X... A CONTRACTE AUPRES DE LA CAISSE CENTRALE DE CREDIT HOTELIER, COMMERCIAL ET INDUSTRIEL (CREDIT HOTELIER) UN EMPRUNT DE 250 000 FRANCS, REMBOURSABLE EN HUIT ANNUITES; QU'IL A ADHERE A L'ASSURANCE-GROUPE SOUSCRITE PAR LE CREDIT HOTELIER AUPRES DE LA COMPAGNIE LES ASSURANCES GENERALES FRANCAISES-VIE (AGF-VIE) CONTRE LES RISQUES DECES ET INVALIDITE ABSOLUE ET DEFINITIVE; QUE, CE DERNIER RISQUE S'ETANT TROUVE REALISE EN MAI 1973, X... A DEMANDE A LA COMPAGNIE AGF-VIE DE LUI ACCORDER SA GARANTIE; QUE CELLE-CI S'Y EST REFUSEE AUX MOTIFS QUE X... ETAIT AGE DE PLUS DE SOIXANTE ANS, LORSQUE CETTE INVALIDITE ETAIT SURVENUE ET QUE L'ARTICLE 11 DE LA POLICE D'ASSURANCE PREVOYAIT QUE L'INVALIDITE ABSOLUE ET DEFINITIVE N'ETAIT PLUS GARANTIE APRES CET AGE; QUE X... A EU CONNAISSANCE DE CE REFUS EN OCTOBRE 1973; QUE LE 15 JANVIER 1976, IL A ASSIGNE LE CREDIT HOTELIER ET LA...
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