Cour de Cassation, Chambre civile 3, du 30 mai 1972, 71-10.993, Publié au bulletin
Presiding Judge | PDT M. DE MONTERA |
Case Outcome | Cassation |
Counsel | Demandeur AV. MM. COPPER-ROYER |
Date | 30 mai 1972 |
Docket Number | 71-10993 |
Court | Troisième Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre civile 3 N. 347 P. 250 |
ATTENDU QUE CE TEXTE DISPOSE : A DEFAUT DE CONGE, LE BAIL EST RENOUVELABLE POUR UNE DUREE DE 9 ANS. SAUF CONVENTIONS CONTRAIRES, LES CLAUSES ET CONDITIONS DU NOUVEAU BAIL SONT CELLES DU BAIL PRECEDENT ;
TOUTEFOIS, A DEFAUT D'ACCORD ENTRE LES PARTIES, LE TRIBUNAL PARITAIRE FIXE LE PRIX ET STATUE SUR LES CLAUSES ET CONDITIONS CONTESTEES DU NOUVEAU BAIL ;
ATTENDU QUE, POUR DEBOUTER HENRI X..., PROPRIETAIRE D'UNE EXPLOITATION AGRICOLE LOUEE AUX EPOUX Y..., DE SA DEMANDE EN FIXATION DU PRIX DU BAIL, RENOUVELE LE 1ER NOVEMBRE 1967, L'ARRET INFIRMATIF ATTAQUE ENONCE QUE LE BAILLEUR N'A ENGAGE SON ACTION QUE PAR CITATION EN CONCILIATION DU 20 NOVEMBRE 1969, QU'AUCUN ECRIT N'A CONSTATE, AVANT LE 1ER NOVEMBRE 1967 OU DANS UN TEMPS QUI A SUIVI DE PRES CETTE DATE, UN ACCORD DES PARTIES SUR LES CONDITIONS PROPRES DU NOUVEAU BAIL ET QU'IL SERAIT CONTRAIRE AU STATUT DU FERMAGE AUTANT QU'A...
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