Cour de Cassation, Chambre civile 3, du 19 février 1969, Publié au bulletin
Case Outcome | REJET. |
Court | Troisième Chambre Civile (Cour de Cassation de France) |
Date | 19 février 1969 |
Publication au Gazette officiel | N 154 |
ATTENDU QUE L'ARRET ATTAQUE A DECIDE, A L'OCCASION D'UNE DEMANDE EN REVISION DU PRIX DU FERMAGE FIXE EN TOTALITE EN BLE ET PAYE PAR A... D'ORAZIO A DAME Y..., EPOUSE Z..., PROPRIETAIRE, DE PRENDRE POUR BASE DE CALCUL DE CE FERMAGE UN CERTAIN NOMBRE DE DENREES A L'EXCEPTION DU BLE, ALORS QUE, SELON LE POURVOI, IL RESULTAIT AU CONTRAIRE DES CONSTATATIONS DES PREMIERS JUGES, AUXQUELLES A... D'ORAZIO S'ETAIT REFEREE DANS SES CONCLUSIONS D'APPEL, QUE LA NATURE DE SON EXPLOITATION JUSTIFIAIT L'APPLICATION DU DECRET DU 5 OCTOBRE 1960, COMPRENANT TOUT AU MOINS PARTIELLEMENT LE BLE COMME ELEMENT DU PRIX DU FERMAGE ;
MAIS ATTENDU QUE DAME Y..., PROPRIETAIRE, AVAIT INTRODUIT DEVANT LE TRIBUNAL PARITAIRE UNE DEMANDE EN REVISION DU PRIX DU FERMAGE PAYABLE EN BLE, AU MOTIF QUE LE PRIX DE 85 QUINTAUX, POUR LA TOTALITE DE LA PROPRIETE, ETAIT INFERIEUR D'AU MOINS UN DIXIEME A LA VALEUR LOCATIVE NORMALE DU BIEN RURAL DONNE A BAIL A A... D'ORAZIO ;
QUE SON ACTION ETAIT NECESSAIREMENT FONDEE SUR LES DISPOSITIONS DU PARAGRAPHE 15 DE...
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