COUR DE CASSATION, Chambre sociale, du 23 juin 1960, Publié au bulletin
Case Outcome | REJET. |
Court | Chambre Sociale (Cour de Cassation de France) |
Date | 23 juin 1960 |
Publication au Gazette officiel | N° 674 |
MAIS ATTENDU QUE LE REGISTRE TENU EN APPLICATION DE L'ARTICLE 980 DU CODE RURAL MENTIONNE QUE LE 7 DECEMBRE 1957, JOUR OU L'AFFAIRE A ETE PLAIDEE, LES PARTIES ETAIENT ABSENTES, EXCUSEES ET REPRESENTEES PAR LEURS CONSEILS ;
QU'UNE TELLE MENTION SUPPLEE AUX LACUNES DU JUGEMENT ;
SUR LE SECOND MOYEN : ATTENDU QUE LE JUGEMENT ATTAQUE FIXE LE FERMAGE DU BAIL RENOUVELE LE 1ER NOVEMBRE 1957 AU PROFIT DES EPOUX X... SUR LA FERME APPARTENANT A DAME VEUVE Y... AU PRIX DU BAIL PRECEDENT ;
ATTENDU QUE LE POURVOI FAIT GRIEF A CE JUGEMENT DE STATUER AINSI AU MOTIF QUE LE MAINTIEN DU PRIX DU FERMAGE A 335 QUINTAUX APPARAIT COMME NORMAL ETANT DONNEES LES CHARGES INCOMBANT AU FERMIER QUI SONT SUPPRIMEES ALORS QUE LES JUGES NE POUVAIENT FIXER CE PRIX ET LE QUALIFIER DE NORMAL SANS TENIR COMPTE DES CHARGES SUPPRIMEES PAR UNE MAJORATION CORRESPONDANTE DU NOUVEAU PRIX ;
MAIS ATTENDU QUE, S'AGISSANT DE LA FIXATION DU PRIX D'UN BAIL RENOUVELE ET NON DU REAJUSTEMENT DU PRIX D'UN BAIL EN COURS, LE TRIBUNAL PARITAIRE DEVAIT SEULEMENT SE CONFORMER AUX PRESCRIPTIONS DE L'ARTICLE 812, ALINEA 5 DU CODE RURAL, C'EST-A-DIRE FIXER LA VALEUR...
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