Cour de Cassation, Chambre civile 3, du 25 février 1976, 74-12.959, Publié au bulletin
Presiding Judge | M. Costa |
Case Outcome | REJET |
Counsel | Demandeur M. Calon |
Docket Number | 74-12959 |
Date | 25 février 1976 |
Court | Troisième Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre civile 3 N. 92 P. 71 |
QU'A DEFAUT DE CONGE, LE BAIL S'EST TROUVE RENOUVELE POUR UNE MEME DUREE A COMPTER DU 29 SEPTEMBRE 1969 ;
QUE, PAR ACTE SOUS SEING PRIVE, EN DATE DU 17 JANVIER 1970, LES PARTIES ONT SIGNE UN ACCORD MODIFIANT LE MONTANT DU FERMAGE ;
ATTENDU QU'IL EST FAIT GRIEF AUDIT ARRET D'AVOIR DECLARE IRRECEVABLE L'ACTION EN REVISION DE FERMAGE INTENTEE PAR LES EPOUX Y... POSTERIEUREMENT A CET ACCORD, ALORS, SELON LE MOYEN, QUE, D'UNE PART, LE RENOUVELLEMENT PREVU PAR L'ARTICLE 838 DU CODE RURAL DONNE NAISSANCE A UN NOUVEAU BAIL, QUE, DES LORS, EN CAS DE BAIL RENOUVELE, L'ACTION EN REVISION PEUT ETRE INTENTEE AU COURS DE LA TROISIEME ANNEE QUI SUIT LA CONCLUSION DE CELUI-CI ET QUE LES EPOUX Y..., DONT LE BAIL S'EST TROUVE RENOUVELE EN SEPTEMBRE 1969, ETAIENT RECEVABLES A...
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