Cour de Cassation, Chambre civile 1, du 24 juillet 1973, 72-12.314, Publié au bulletin
Presiding Judge | PDT M. BELLET |
Case Outcome | REJET |
Counsel | Demandeur AV. MM. GALLAND |
Docket Number | 72-12314 |
Citation | CF. Cour de Cassation (Chambre civile 1) 1972-05-30 Bulletin 1972 I N. 140 P. 123 (REJET). CF. Cour de Cassation (Chambre civile 1) 1972-05-30 Bulletin 1972 I N. 141 P. 123 (REJET). CF. Cour de Cassation (Chambre civile 1) 1972-06-14 Bulletin 1972 I N. 153 P. 134 (REJET). Arrêts groupés : Cour de Cassation (Chambre civile 1) 1973-07-24 (REJET) N. 72-12.315 C/ CAISSE REGIONALE DE GARANTIE DES NOTAIRES DE LA COUR D'APPEL D 'AIX-EN-PROVENCE<br/> |
Date | 24 juillet 1973 |
Court | Première Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre civile 1 N. 255 P. 225 |
ATTENDU QU'IL EST FAIT GRIEF A LA COUR D'APPEL D'AVOIR REJETE CETTE DEMANDE, ALORS, D'UNE PART, QUE LES TERMES, SUR LESQUELS ELLE S'EST FONDEE, DU RECU DELIVRE PAR LE NOTAIRE LORS DU VERSEMENT A LUI FAIT N'ETABLIRAIENT PAS QUE LES FONDS N'AVAIENT PAS ETE DEPOSES EN VUE D'UNE OPERATION ENTRANT DANS LES FONCTIONS DU NOTAIRE, ET QU'ELLE N'AURAIT PU RETENIR EXCLUSIVEMENT LES TERMES DU RECU EN ECARTANT SANS LES EXAMINER, SELON LE MOYEN, LES FAITS OU ATTESTATIONS D'OU RESULTERAIT QUE LES FONDS ETAIENT DESTINES A UN PLACEMENT HYPOTHECAIRE, ALORS, D'AUTRE PART, QUE LA GARANTIE DES CAISSES REGIONALES S'ETENDRAIT AUX OPERATIONS MEME ILLICITES ACCOMPLIES PAR LES NOTAIRES A L'OCCASION DE LEURS FONCTIONS AU CAS OU LA BONNE FOI DU CLIENT...
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