Cour de Cassation, Chambre sociale, du 19 octobre 1967, Publié au bulletin
Case Outcome | CASSATION. |
Court | Chambre Sociale (Cour de Cassation de France) |
Date | 19 octobre 1967 |
Publication au Gazette officiel | N 654 |
ATTENDU QUE LES TRANSACTIONS ONT, ENTRE LES PARTIES, L'AUTORITE DE LA CHOSE JUGEE EN DERNIER RESSORT ;
ATTENDU QUE DAME X... AVAIT AUTORISE VEUVE MAUREL A S'INSTALLER SUR UN DOMAINE DE 5 HECTARES ENVIRON LUI APPARTENANT ;
QU'A LA SUITE DE DIFFICULTES, TANT SUR LA DUREE DE LA CONVENTION PASSEE ENTRE LES PARTIES QUE SUR LE MONTANT DU FERMAGE, EST INTERVENU UN PROCES VERBAL DE CONCILIATION DU 23 FEVRIER 1962, DRESSE PAR LE JUGE PARITAIRE, AU TERME DUQUEL L'EXISTENCE D'UN BAIL, A DATER DU 1ER NOVEMBRE 1961 ETAIT RECONNUE PAR LES PARTIES, LE PRIX DU FERMAGE FIXE, L'UNE ET L'AUTRE DES PARTIES RENONCANT A DEMANDER, PAR APPLICATION DE L'ARTICLE 812 DU CODE RURAL, LA REVISION DU FERMAGE AU COURS DE LA TROISIEME ANNEE DE JOUISSANCE DU BAIL ;
ATTENDU QU'AU COURS DE CETTE TROISIEME ANNEE, LA PRENEUSE ESTIMANT QUE LE PRIX DU FERMAGE ETAIT SUPERIEUR DE UN DIXIEME A LA VALEUR LOCATIVE DE L'EXPLOITATION LOUEE ET QUE SA RENONCIATION DU 23 FEVRIER 1962 ETAIT SANS VALEUR, EU EGARD AUX REGLES IMPERATIVES DU STATUT DU FERMAGE, A SAISI LE TRIBUNAL PARITAIRE POUR FAIRE FIXER UN NOUVEAU PRIX ET QUE L'ARRET ATTAQUE A DECLARE SON ACTION RECEVABLE AU MOTIF QUE LA CLAUSE DE RENONCIATION AU BENEFICE DE...
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