Cour de Cassation, Chambre civile 2, du 10 décembre 1980, 79-10.640, Publié au bulletin
| Presiding Judge | Pdt M. Bel |
| Case Outcome | REJET |
| Docket Number | 79-10640 |
| Counsel | M. Barbey |
| Date | 10 décembre 1980 |
| Court | Deuxième Chambre Civile (Cour de Cassation de France) |
| Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre civile 2 N. 257 |
ATTENDU QUE LES EPOUX X... FONT GRIEF AU JUGEMENT ATTAQUE (TRIBUNAL DE GRANDE INSTANCE DE SAINT-MALO, 15 NOVEMBRE 1978), RENDU EN DERNIER RESSORT, D'AVOIR, EN APPLICATION DE L'ARTICLE 36 DU DECRET DU 28 FEVRIER 1852, DECLARE IRRECEVABLE COMME TARDIF LE DIRE QU'ILS AVAIENT FORMULE AVANT L'ADJUDICATION D'IMMEUBLES SAISIS A LEUR PREJUDICE A LA REQUETE DE LA CAISSE CENTRALE DE CREDIT HOTELIER, INDUSTRIEL ET COMMERCIAL (LA CAISSE), ALORS, SELON LE MOYEN, QUE LES DISPOSITIONS DU DECRET DU 28 FEVRIER 1852 DEROGENT AUX REGLES DU DROIT COMMUN ET QU'EN L'ABSENCE D'UN TEXTE PREVOYANT L'EXTENSION DE CES DISPOSITIONS A LA CAISSE CENTRALE DE CREDIT HOTELIER, LES REGLES DU DROIT COMMUN DOIVENT...
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