Cour de Cassation, Chambre civile 3, du 6 juin 1974, 72-13.616, Publié au bulletin
Presiding Judge | PDT M. COSTA |
Case Outcome | Cassation |
Counsel | Demandeur AV. MM. COPPER-ROYER |
Date | 06 juin 1974 |
Docket Number | 72-13616 |
Court | Troisième Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre civile 3 N. 230 P. 175 |
ATTENDU QUE L'ACTION EN REVISION DU PRIX DU FERMAGE N'EST POSSIBLE, AUX TERMES DE CE TEXTE, QUE S'IL EST SUPERIEUR OU INFERIEUR D'AU MOINS UN DIXIEME A LA VALEUR LOCATIVE NORMALE DU BIEN AFFERME ;
ATTENDU QUE, POUR DECLARER RECEVABLE LA DEMANDE DE DAME Y... EN REVISION DU BAIL A FERME RENOUVELE DONT LES CONSORTS X... SONT TITULAIRES, L'ARRET ATTAQUE SE BORNE A ENONCER " QU'IL APPERT DU RAPPORT DES EXPERTS Z... PAR LES PREMIERS JUGES, QUE LE PRIX DU FERMAGE, INCHANGE DEPUIS LE 11 NOVEMBRE 1956, ETAIT INFERIEUR DE PLUS DE UN DIXIEME A LA VALEUR DU BIEN LOUE, CE QUI EST FACILEMENT COMPREHENSIBLE ETANT DONNE QUE LE PRIX N'A PAS ETE REVISE PENDANT TREIZE ANS ", QUE SI LE RAPPORT DES EXPERTS A... EN EFFET QUE " LE FERMAGE EST LARGEMENT INFERIEUR DE PLUS DE UN DIXIEME A LA VALEUR NORMALE DU BIEN LOUE ", IL...
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