COUR DE CASSATION, Chambre sociale, du 6 juillet 1964, Publié au bulletin
Case Outcome | CASSATION PARTIELLE. |
Court | Chambre Sociale (Cour de Cassation de France) |
Date | 06 juillet 1964 |
Publication au Gazette officiel | N° 591 |
ATTENDU QU'A LA SUITE DE DIFFICULTES ENTRE LES PARTIES SUR LE PAYEMENT DES FERMAGES, LE TRIBUNAL PARITAIRE, EN 1961, FUT AMENE A SE PRONONCER SUR LA VALEUR LOCATIVE EN DENREES DE CE FERMAGE STIPULE EN ARGENT ;
ATTENDU QUE LE JUGEMENT PUIS L'ARRET CONFIRMATIF DE LA COUR D'APPEL D'ANGERS A CONVERTI CE FERMAGE DE 1956 EN 1 320 KILOGRAMMES DE VIANDE DE BOEUF, PREMIERE QUALITE, ET 6 759 LITRES DE LAIT ET CE, A DATER DU 1ER NOVEMBRE 1956 ;
SUR LE MOYEN UNIQUE, EN SA PREMIERE BRANCHE : ATTENDU QUE LE POURVOI FAIT GRIEF A CET ARRET D'AVOIR AINSI STATUE, ALORS QUE LA COUR NE POUVAIT, SANS VIOLER L'INTENTION DES PARTIES, CONVERTIR LE FERMAGE PAR REFERENCE A DES DENREES QUE LES PARTIES AVAIENT MANIFESTE L'INTENTION D'ABANDONNER EN STIPULANT UN PRIX NON VARIABLE ;
MAIS, ATTENDU QUE L'ARRET, APRES AVOIR ADMIS QU'A DATER DU 1ER NOVEMBRE 1956, LES PARTIES AVAIENT FIXE LE PRIX ANNUEL DU FERMAGE A 3 650 FRANCS, CE QUI N'EST D'AILLEURS PAS CONTESTE PAR LE POURVOI, A DECIDE A BON DROIT QUE LES PARTIES POUVAIENT A TOUS MOMENTS DEMANDER LA CONVERSION DU FERMAGE EN DENREES FIGURANT SUR LA LISTE ET, SUIVANT LES EQUIVALENCES, DE L'ARRETE PREFECTORAL EN VIGUEUR...
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