Cour de Cassation, Chambre civile 3, du 26 novembre 1985, 84-16.760, Publié au bulletin
Presiding Judge | Pdt. M. Monégier du Sorbier |
Case Outcome | Cassation |
Docket Number | 84-16760 |
Counsel | Me Blanc |
Date | 26 novembre 1985 |
Court | Troisième Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin 1985 III n° 154 p. 117 |
ATTENDU, SELON L'ARRET ATTAQUE (PARIS, 28 JUIN 1984) QUE LA SOCIETE O.J. PERRIN FRANOR ROYALE ET CIE, LOCATAIRE, EN VERTU D'UN BAIL RENOUVELE LE 1ER JANVIER 1973, DE LOCAUX A USAGE COMMERCIAL APPARTENANT A LA S.C.I. DE FLORIAN, A, AU COURS DU BAIL INITIAL QUI AVAIT PRIS EFFET LE 1ER JANVIER 1964, APPORTE DES AMELIORATIONS AUX LIEUX LOUES ;
QUE CE BAIL INITIAL STIPULAIT QUE LES AMELIORATIONS FAITES PAR LE LOCATAIRE RESTERAIENT "A LA PROPRIETE A L'EXPIRATION DU PRESENT BAIL" ;
QUE, POUR OBTENIR LA FIXATION A LA VALEUR LOCATIVE DU PRIX DU BAIL RENOUVELE UNE SECONDE FOIS A COMPTER DU 1ER JANVIER 1982, LE BAILLEUR A INVOQUE L'ACQUISITION PAR LUI DES AMELIORATIONS EN SE PREVALANT LA CLAUSE D'ACCESSION QUI AURAIT PRODUIT SES EFFETS AU COURS DU BAIL VENU A EXPIRATION LE 31 DECEMBRE 1981 ;
ATTENDU QUE POUR FIXER LE PRIX DU BAIL RENOUVELE A COMPTER DU 1ER JANVIER 1982 SELON LES REGLES DU PLAFONNEMENT, L'ARRET, APRES AVOIR ADMIS QUE LES AMELIORATIONS FAITES PAR LE LOCATAIRE CONSTITUAIENT UNE MODIFICATION NOTABLE DES CARACTERISTIQUES DES LOCAUX, ENONCE QUE...
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