Cour de Cassation, Chambre civile 3, du 18 février 1981, 79-14.245, Publié au bulletin
Presiding Judge | Pdt M. Cazals |
Case Outcome | REJET |
Citation | CF. Cour de Cassation (Chambre civile 3) 1975-12-03 Bulletin 1975 III N° 360 p. 273 (REJET) et les arrêts cités. CF. Cour de Cassation (Chambre civile 3) 1980-11-19 Bulletin 1980 III N° 181 (REJET) |
Counsel | M. Boullez |
Docket Number | 79-14245 |
Date | 18 février 1981 |
Court | Troisième Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre civile 3 N. 35 |
ATTENDU QUE PAUL FAIT GRIEF A L'ARRET CONFIRMATIF ATTAQUE (NIMES, 22 NOVEMBRE 1979) D'AVOIR PRONONCE, POUR DEFAUT REITERE DU PAIEMENT DES FERMAGES, LA RESILIATION DU BAIL D'UN DOMAINE AGRICOLE DEVENU PROPRIETE DE DAME Y... ET DE DEMOISELLE CAVALIER X..., SELON LE MOYEN, QUE, D'UNE PART, LE PRENEUR, QUI AVAIT PAYE LE LOYER FIXE PAR LE PREMIER ACTE, LEQUEL ETAIT SUPERIEUR AU PRIX MAXIMUM DETERMINE PAR UNE REGLE D'ORDRE PUBLIC, INVOQUAIT UNE RAISON LEGITIME ET SERIEUSE DE NE PAS PAYER LE SUPPLEMENT DU PRIX QUI, SELON LES CONSTATATIONS DE LA COUR D'APPEL, ABOUTISSAIT A UN FERMAGE CORRESPONDANT A 250 % DU PRIX MAXIMUM LEGAL AUTORISE; QU'AINSI LES BAILLEURS NE POUVAIENT SE PREVALOIR D'UN PRIX ILLEGAL POUR OBTENIR LA RESILIATION D'UN BAIL RURAL DES LORS QUE LE PRENEUR AVAIT VERSE REGULIEREMENT UN FERMAGE QUI LES REMPLISSAIT DE LEUR DROIT, PEU IMPORTAIT LES USAGES CONTRAIRES AU DROIT OU L'ABSENCE DE CONTESTATION DU PRIX; ET ALORS...
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