Cour de Cassation, Chambre commerciale, du 17 mars 1981, 79-14.509, Publié au bulletin
Presiding Judge | Pdt M. Vienne |
Case Outcome | Cassation |
Citation | CF. Cour de Cassation (Chambre commerciale ) 1981-01-07 Bulletin 1981 IV N. 13 (REJET) et les arrêts cités. CF. Cour de Cassation (Chambre commerciale ) 1981-01-28 Bulletin 1981 V N. 73 (CASSATION) |
Counsel | M. Le Bret |
Docket Number | 79-14509 |
Date | 17 mars 1981 |
Court | Chambre Commerciale, Financière et Économique (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre commerciale N. 143 |
VU L'ARTICLE 455 DU NOUVEAU CODE DE PROCEDURE CIVILE ;
ATTENDU QUE, SELON LE JUGEMENT DEFERE, DAME MAURICE X..., FLEURISTE, A ACCEPTE, EN PAIEMENT D'UNE LIVRAISON, UNE LETTRE DE CHANGE TIREE PAR LE BLEVEC, HORTICULTEUR ET DEMEUREE IMPAYEE, QUE DAME MAURICE X... ETANT DECEDEE, LE BLEVEC A ASSIGNE EN PAIEMENT DU MONTANT DE CET EFFET VEUVE LE GAL, MERE DE MAURICE X..., QUI ETAIT A L'EPOQUE DES FAITS SEULE INSCRITE AU REGISTRE DU COMMERCE ; ATTENDU QUE POUR CONDAMNER VEUVE LE GAL, LE TRIBUNAL ENONCE QU'EN S'INSCRIVANT AU REGISTRE DU COMMERCE, ELLE A ENTENDU ETRE COMMERCANTE VIS-A-VIS DES TIERS, DE SORTE QUE LES PERSONNES QUI TRAITENT AVEC CE COMMERCE SONT EN DROIT, SAUF PREUVE CONTRAIRE, DE PENSER QU'ILS TRAITENT AVEC ELLE, QU'AU DEMEURANT ELLE ETAIT PROPRIETAIRE DU FONDS DE COMMERCE DE FLEURS, DONC RESPONSABLE DU PASSIF DES LORS QU'IL N'Y AVAIT PAS NON PLUS D'ACTE DE LOCATION-GERANCE ;
ATTENDU QU'EN...
Pour continuer la lecture
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