Cour de Cassation, Chambre sociale, du 4 février 1965, Publié au bulletin
Presiding Judge | M. VIGNERON |
Case Outcome | REJET. |
Counsel | MM. GALLAND ET GILBERT |
Docket Number | 63-10891 |
Date | 04 février 1965 |
Court | Chambre Sociale (Cour de Cassation de France) |
Publication au Gazette officiel | N° 105 |
ATTENDU QUE L'ARRET DE LA COUR D'APPEL DE PAU DU 14 NOVEMBRE 1962 A DECIDE QUE LE FERMAGE EXIGIBLE PAR X..., PROPRIETAIRE DE Y..., PRENEUR, SERAIT, SUIVANT LA CONTENANCE DES TERRES LOUEES, LE FERMAGE CONTRACTUEL STIPULE AU BAIL, A L'HECTARE, SUIVANT LA CONVENTION PASSEE ENTRE LES PARTIES DU 18 JANVIER 1961 ;
SUR LE PREMIER MOYEN : ATTENDU QUE LE POURVOI REPROCHE A CET ARRET D'AVOIR ETE PRONONCE PAR DEUX CONSEILLERS ET UN AVOCAT DU BARREAU DE PAU FAISANT FONCTION DE CONSEILLER, SANS QU'IL SOIT CONSTATE QUE TOUS LES AUTRES MAGISTRATS DE LA COUR ETAIENT EMPECHES, NI QUE L'AVOCAT APPELE A SIEGER ETAIT LE PLUS ANCIEN DES AVOCATS INSCRITS AU TABLEAU PRESENT A L'AUDIENCE ;
MAIS ATTENDU QUE, CONTRAIREMENT AUX ALLEGATIONS DU POURVOI, LA COPIE SIGNIFIEE DE CET ARRET PRECISE QU'A L'AUDIENCE DU 14 NOVEMBRE 1962 ETAIENT PRESENTS : UN PRESIDENT, UN CONSEILLER, ET MAITRE CARDOT, AVOCAT DU BARREAU DE PAU, FAISANT FONCTION DE DEUXIEME CONSEILLER, PAR SUITE DE L'EMPECHEMENT LEGITIME DE TOUS LES CONSEILLERS ET COMME ETANT L'AVOCAT LE PLUS ANCIEN PRESENT A LA BARRE ;
ATTENDU QUE CE PREMIER MOYEN MANQUE EN FAIT ;
ET SUR LE...
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