COUR DE CASSATION, Chambre sociale, du 27 octobre 1964, Publié au bulletin
Case Outcome | REJET. |
Court | Chambre Sociale (Cour de Cassation de France) |
Date | 27 octobre 1964 |
Publication au Gazette officiel | N° 710 |
ATTENDU QUE LE POURVOI REPROCHE A CET ARRET DE CONFONDRE DIVERS CHEFS DE DEMANDE EN INCLUANT A TORT DANS LES DEGRADATIONS DES ELEMENTS DES COMPTES DES PARTIES ET EN REJETANT SANS LA TRANCHER, COMME IL S'IMPOSAIT, LA QUESTION RELATIVE A LA CHARGE DES COUVERTURES, QUI DEVAIENT ETRE CONVERTIES EN NATURE SELON LE BAIL TYPE ET S'INCORPORER AU PRIX DU FERMAGE, APRES QUE LA BAILLERESSE LES EUT PRISES EN CHARGE CONFORMEMENT A LA LOI;
MAIS ATTENDU, D'UNE PART, QUE L'ARRET PREND SOIN DE PRECISER QUE DEMOISELLE X... DANS LES CONCLUSIONS DEPOSEES PAR ELLE-MEME AVAIT SOUS LE MOT "DEGRADATIONS" RECLAME UNE AUGMENTATION DE FERMAGE A RAISON DE LA CHARGE PRISE PAR ELLE DE LA REFECTION DES TOITURES EN CHAUME, QUE POUR ECARTER CETTE PRETENTION, IL CONSTATE QUE CES TRAVAUX DE REFECTION INCOMBENT NORMALEMENT AU BAILLEUR, C'EST-A-DIRE QU'IL NE S'AGIT PAS...
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