Cour de cassation, Chambre civile 1, du 23 avril 1985, 83-16.545, Publié au bulletin
Presiding Judge | Pdt M. Joubrel |
Case Outcome | Cassation |
Docket Number | 83-16545 |
Counsel | SCP Jayat |
Date | 23 avril 1985 |
Court | Première Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin 1985 I N° 122 p. 113 |
ATTENDU QUE MARC A... A TROUVE LA MORT, LE 20 AVRIL 1980, AINSI QUE TROIS DE SES PASSAGERS, DANS UN ACCIDENT DE LA CIRCULATION QU'IL AVAIT PROVOQUE AU VOLANT D'UNE VOITURE AUTOMOBILE ACHETEE LA VEILLE ET ALORS QU'IL N'AVAIT SOUSCRIT AUCUN CONTRAT D'ASSURANCE GARANTISSANT SA RESPONSABILITE CIVILE ;
QU'IL A LAISSE POUR HERITIERS SON PERE, DECEDE ULTERIEUREMENT LE 14 JUILLET 1981, SA MERE ET SES ONZE FRERES ET SOEURS DONT LES TROIS PLUS JEUNES ETAIENT ENCORE MINEURS ;
QUE SUR L'ACTION INTRODUITE PAR LA COMPAGNE D'D... DES E... DE B..., MME X..., AGISSANT TANT EN SON NOM PERSONNEL QU'EN SA QUALITE D'ADMINISTRATRICE LEGALE DES BIENS DE SA FILLE MINEURE MAGALIE C..., L'ARRET ATTAQUE A DECLARE FEU MARC A Y... RESPONSABLE DE L'ACCIDENT, A MIS HORS DE CAUSE MME JANINE Z... VEUVE A... ET SES ENFANTS MAJEURS QUI ONT RENONCE A LA SUCCESSION ET A CONDAMNE MME VEUVE A... PRISE EN SA QUALITE D'ADMINISTRATRICE LEGALE DE SES TROIS ENFANTS ENCORE MINEURS A...
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