Cour de Cassation, Chambre commerciale, du 30 novembre 1982, 81-14.507, Publié au bulletin
Presiding Judge | Pdt M. Sauvageot |
Case Outcome | Cassation |
Docket Number | 81-14507 |
Counsel | M. Choucroy |
Date | 30 novembre 1982 |
Court | Chambre Commerciale, Financière et Économique (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre commerciale N. 384 |
ATTENDU QUE, SELON L'ARRET ATTAQUE, LA "CAISSE CENTRALE DE CREDIT HOTELIER COMMERCIAL ET INDUSTRIEL" AUX DROITS DE LAQUELLE INTERVIENT LE "CREDIT D'EQUIPEMENT DES PETITES ET MOYENNES ENTREPRISES" (LA BANQUE) A CONSENTI A LA SOCIETE A RESPONSABILITE LIMITEE "LA CASTAGNA" (LA SOCIETE) UN PRET DE 950.000 FRANCS, GARANTI PAR LA CAUTION DES EPOUX X... ET Y..., QUE L'ACTE DE PRET STIPULAIT QUE LES FONDS PRETES SERAIENT AFFECTES AU PAIEMENT DIRECT DES FOURNISSEURS DE MATERIEL ET DES ENTREPRENEURS, QUE LA BANQUE A VERSE LE MONTANT DU PRET A LA SOCIETE, ET QUE L'UN DE SES GERANTS BOURGEAUD A ASSIGNE LES CAUTIONS X... ET Y... EN REMBOURSEMENT DU PRET ;
ATTENDU QUE POUR FAIRE DROIT A LA DEMANDE DE LA BANQUE, L'ARRET RETIENT QUE L'EXPRESSION "PAIEMENT DIRECT" IMPLIQUAIT L'OBLIGATION POUR LA BANQUE DE VERSER DIRECTEMENT AUX FOURNISSEURS ET ENTREPRENEURS LE MONTANT DU PRET, QUE CETTE MODALITE DE VERSEMENT DES FONDS CONSTITUAIT UNE DES CLAUSES ESSENTIELLES DU PRET, QUE TOUTEFOIS LES ASSOCIES ET NOTAMMENT X..., CO-GERANT A L'EPOQUE, N'ONT PU IGNORER PAR L'EXAMEN DE LA COMPTABILITE QUE LES FONDS NECESSAIRES A LA REALISATION DE L'OBJET SOCIAL AVAIENT ETE VERSES A LA SOCIETE, QU'ILS N'ONT JAMAIS EMIS LA MOINDRE...
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