Cour de Cassation, Chambre civile 3, du 8 décembre 1976, 75-13.064, Publié au bulletin
Presiding Judge | PDT M. Costa |
Case Outcome | Cassation |
Counsel | Demandeur AV. M. Coulet |
Date | 08 décembre 1976 |
Citation | Même espèce : Cour de Cassation (Chambre civile 3) 1976-12-08 (CASSATION) N. 75-13.065. CF. Cour de Cassation (Chambre sociale) 1965-02-16 Bulletin 1965 IV N. 148 p. 120 (REJET) |
Docket Number | 75-13064 |
Court | Troisième Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre civile 3 N. 452 P. 344 |
ATTENDU QUE LES DROITS DU FERMIER APRES REMEMBREMENT, PREVUS AU PREMIER DE CES TEXTES, SONT ETRANGERS AUX REGLES DE FIXATION DU PRIX DU BAIL, DETERMINEES PAR LE SECOND ;
QUE LE FERMIER QUI, PAR L'EFFET DU REMEMBREMENT, S'EST VU ATTRIBUER DES PARCELLES DE QUALITE OU DE SUPERFICIE INFERIEURE A CELLES QU'IL EXPLOITAIT AUPARAVANT, A DROIT A UNE DIMINUTION DU MONTANT DU FERMAGE S'IL OPTE POUR LE REPORT DE SON BAIL ;
ATTENDU QUE LA COUR D'APPEL, POUR REFUSER DE TENIR COMPTE DES RESULTATS DU REMEMBREMENT POUR FIXER LE PRIX DU BAIL RENOUVELE CONSENTI PAR LES CONSORTS Z... AUX CONSORTS Y..., X... QUE LE REMEMBREMENT A POUR BUT EXCLUSIF D'AMELIORER L'EXPLOITATION AGRICOLE, CHAQUE PROPRIETAIRE DEVANT RECEVOIR UNE SUPERFICIE EQUIVALENTE EN PRODUCTIVITE...
Pour continuer la lecture
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