Cour de Cassation, Chambre civile 3, du 7 mai 2002, 00-20.950, Publié au bulletin
Presiding Judge | M. Weber . |
Case Outcome | Cassation. |
Counsel | la SCP Vincent et Ohl.,la SCP Parmentier et Didier |
Docket Number | 00-20950 |
Date | 07 mai 2002 |
Court | Troisième Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin 2002 III N° 95 p. 84 |
Sur le second moyen :
Vu l'article L. 411-11 du Code rural, dans sa rédaction applicable en la cause ;
Attendu que le prix de chaque fermage est évalué en une quantité déterminée de denrées ;
Attendu, selon les arrêts attaqués (Nîmes, 8 avril 1999 et 18 avril 2000), que M. X..., aux droits duquel viennent les consorts X..., a, par acte du 1er décembre 1985, donné à bail au groupement agricole d'exploitation en commun Mas Rouge (le GAEC) diverses parcelles ; qu'en 1995, à l'occasion du renouvellement du bail, le GAEC a assigné les bailleurs afin de faire constater la nullité de la clause fixant en argent le montant du fermage dans le bail d'origine et de le faire fixer en conformité avec les textes applicables ;
Attendu que pour rejeter la demande, les arrêts retiennent que le premier bail étant expiré au 1er décembre 1994, il ne saurait être recherché rétroactivement la fixation du prix...
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