COUR DE CASSATION, Chambre sociale, du 16 octobre 1963, Publié au bulletin
Case Outcome | REJET. |
Court | Chambre Sociale (Cour de Cassation de France) |
Date | 16 octobre 1963 |
Publication au Gazette officiel | N° 685 |
ATTENDU QUE L'ARRET DU 27 JANVIER 1961 DE LA COUR DE DIJON A DIT QUE LES STIPULATIONS DE CE BAIL RELATIVES AU PRIX DU FERMAGE DEVAIENT CONTINUER A PRODUIRE LEUR EFFET JUSQU'A LA DATE D'EXPIRATION DUDIT BAIL, SANS QUE LA LOI DU 23 MARS 1953 (ART 812 DU CODE RURAL) SUIVIE DE L'ARRETE PREFECTORAL DU 17 JUILLET SUIVANT, DESTINES A REGLEMENTER LE MONTANT DES FERMAGES, PUISSE, EN L'ESPECE, RECEVOIR APPLICATION IMMEDIATEMENT;
ATTENDU QUE LE POURVOI REPROCHE A CET ARRET D'AVOIR AINSI STATUE ALORS QUE L'APPLICATION DES TEXTES SUSVISES, PERMETTANT AU BAILLEUR OU AU PRENEUR D'OBTENIR QUE LES FERMAGES SOIENT ACQUITTES SUR LA BASE DES DENREES FIGURANT SUR LA LISTE FIXEE PAR LES ARRETES PREFECTORAUX, N'AYANT ETE DIFFERES PAR AUCUN TEXTE, LA COUR DEVAIT FAIRE DROIT A LA DEMANDE DES FERMIERS;
MAIS ATTENDU QUE CET ARRET A JUSTEMENT ESTIME QUE LA DEMANDE DES PRENEURS QUI TENDAIT A CONVERTIR LE PRIX DU BAIL FIXE A 1429 KILOGRAMMES DE VIANDE DE BOEUF DE QUALITE EXTRA AU COURS DE LA VILLETTE POUR LES ANNEES 1953 A 1955...
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