Cour de Cassation, Chambre sociale, du 22 février 1962, Publié au bulletin
Case Outcome | CASSATION |
Court | Chambre Sociale (Cour de Cassation de France) |
Date | 22 février 1962 |
Publication au Gazette officiel | N° 223 |
MAIS ATTENDU QU'A L'APPUI DE LEUR DEMANDE EN FIXATION DU PRIX DU NOUVEAU FERMAGE LORS DU RENOUVELLEMENT DU BAIL, LES BAILLERESSES SOUTENAIENT QUE CE FERMAGE DEVAIT ETRE FIXE UNIQUEMENT D'APRES L'ARRETE PREFECTORAL EN VIGUEUR ALORS QUE, SELON LE PRENEUR HENRY Y..., IL Y AVAIT LIEU DE RECHERCHER, AU PREALABLE, LA VALEUR LOCATIVE NORMALE DU BIEN LOUE EN 1939 ;
QUE L'ARRET ATTAQUE, INFIRMANT LA DECISION DES PREMIERS JUGES QUI AVAIENT ADMIS LA THESE DES BAILLERESSES DESIGNE TROIS EXPERTS X... MISSION NOTAMMENT, DE RECHERCHER LA VALEUR LOCATIVE DU DOMAINE RURAL EN 1939 ;
QUE LA COUR D'APPEL A DONC TRANCHE UNE CONTESTATION AU FOND SOULEVEE PAR LES CONCLUSIONS DES PARTIES ET QUE SA DECISION, SUR CE POINT, SE TROUVE REVETUE DE L'AUTORITE DE LA CHOSE JUGEE, QUE LE POURVOI EST DONC RECEVABLE ;
PAR CES MOTIFS : DECLARE LE POURVOI RECEVABLE ;
ET, SUR LE MOYEN UNIQUE : VU L'ARTICLE 812 DU CODE RURAL ;
ATTENDU QUE CET ARTICLE QUI PRESCRIT EN PRINCIPE LA FIXATION DU PRIX PAR REFERENCE AUX QUANTITES REPRESENTANT EN 1939 LE PRIX NORMAL DES BAUX, S'ADRESSE SEULEMENT A LA COMMISSION CONSULTATIVE ET AU PREFET, ET NON AUX JUGES DU FOND, LESQUELS SONT SEULEMENT TENUS D'INSCRIRE LE FERMAGE A L'INTERIEUR DES QUANTITES MAXIMA ET MINIMA...
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