Cour de Cassation, Chambre sociale, du 16 février 1965, 63-13.284
Presiding Judge | M. VIGNERON |
Case Outcome | REJET. |
Date | 16 février 1965 |
Docket Number | 63-13284 |
Court | Chambre Sociale (Cour de Cassation de France) |
Publication au Gazette officiel | N° 148 |
QUE L'ARRET ATTAQUE DIT QUE LE FERMAGE SERA REGLE SUR LA SUPERFICIE RESTANTE ;
ATTENDU QUE LE POURVOI FAIT GRIEF A CET ARRET DE STATUER AINSI, ALORS QUE, D'UNE PART, LA REDACTION DE L'ARRET NE PERMET PAS DE SAVOIR SI LA COUR D'APPEL A ENTENDU SE PRONONCER EN DROIT OU EN FAIT, QUE, D'AUTRE PART, EN DROIT ILRESULTE DE L'ARTICLE 33 DU CODE RURAL QUE, SAUF RESILIATION TOTALE OU PARTIELLE DU BAIL POUR DIMINUTION DE SUPERFICIE, LE REMEMBREMENT RURAL NE PEUT ENTRAINER AUCUNE DIMINUTION DE LOYER POUR LE BAILLEUR, ET, QU'ENFIN, EN FAIT L'EXPERT AVAIT CONCLU A LA MODIFICATION DU FERMAGE CE QUI, A PEINE DE DENATURATION, NE POUVAIT ETRE INTERPRETE COMME PROPOSANT UNE REDUCTION DU FERMAGE PRIMITIF ;
MAIS ATTENDU, D'UNE PART, QUE L'ARRET ATTAQUE DECLARE A BON DROIT QUE L'ARTICLE 33 DU CODE RURAL N'INDIQUE PAS QUE LE LOCATAIRE D'UNE PIECE DONT LA SURFACE A ETE DIMINUEE A LA SUITE DU REMEMBREMENT DOIVE CONTINUER A PAYER UN FERMAGE CALCULE SUR L'ANCIENNE SUPERFICIE, MAIS SEULEMENT QU'AUCUNE INDEMNITE N'EST DUE AU...
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