Cour de Cassation, Chambre civile 2, du 24 mars 1980, 78-14.379, Publié au bulletin
| Presiding Judge | Pdt M. Bel |
| Case Outcome | Cassation |
| Date | 24 mars 1980 |
| Counsel | M. Copper-Royer |
| Docket Number | 78-14379 |
| Citation | Même espèce : Cour de Cassation (Chambre civile 2) 1980-03-24 N. 78-14.380 (CASSATION). CF. Cour de Cassation (Chambre civile 2) 1957-10-03 Bulletin 1957 II N. 589 p. 381 (REJET). CF. Cour de Cassation (Chambre civile 2) 1957-11-27 Bulletin 1957 II N. 734 (1) p. 473 (REJET). CF. Cour de Cassation (Chambre civile 1) 1960-01-19 Bulletin 1960 I N. 36 p. 28 (REJET). CF. Cour de Cassation (Chambre civile 1) 1965-06-30 Bulletin 1965 I N. 436 p. 323 (REJET). CF. Cour de Cassation (Chambre civile 2) 1976-12-09 Bulletin 1976 II N. 329 (2) p. 258 (REJET) |
| Court | Deuxième Chambre Civile (Cour de Cassation de France) |
| Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre civile 2 N. 72 |
VU LES ARTICLES 771 ET 776 DU NOUVEAU CODE DE PROCEDURE CIVILE ;
ATTENDU QUE POUR DECLARER IRREGULIERE LA NOMINATION DE QUENETAIN, EN QUALITE D'ADMINISTRATEUR PROVISOIRE DE LA SUCCESSION DOUET-MASSON, PAR LE JUGE DE LA MISE EN ETAT DESIGNE A L'OCCASION DE L'ACTION EN PARTAGE DE CETTE SUCCESSION, L'ARRET ATTAQUE, RENDU SUR L'APPEL FORME PAR LES EPOUX Y..., X..., DU JUGEMENT D'UN TRIBUNAL PARITAIRE DES BAUX RURAUX ADMETTANT LA REVISION POURSUIVIE PAR DE QUENETAIN, DU PRIX DU FERMAGE PAYE PAR LESDITS EPOUX, ENONCE QUE LE JUGE DE LA MISE EN ETAT N'AVAIT PAS COMPETENCE POUR PROCEDER A CETTE NOMINATION, LES MESURES PROVISOIRES VISEES PAR L'ARTICLE 771 CI-DESSUS ETANT UNIQUEMENT CELLES DESTINEES A FACILITER L'INSTRUCTION DU PROCES ET A EN ACCELERER LA MARCHE, TANDIS QUE LA NOMINATION DUDIT ADMINISTRATEUR PROVISOIRE AVAIT...
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