Cour de Cassation, Chambre sociale, du 4 novembre 1967, Publié au bulletin
Case Outcome | CASSATION. |
Court | Chambre Sociale (Cour de Cassation de France) |
Date | 04 novembre 1967 |
Publication au Gazette officiel | N 694 |
ATTENDU QUE L'ARRET ATTAQUE A DEBOUTE PERIN DE SA DEMANDE TENDANT A FAIRE JUGER QUE SUIVANT DES CONVENTIONS PASSEES DE 1958 A 1963 IL ETAIT DEVENU TITULAIRE D'UN BAIL A FERME TANT SUR LES PATURAGES DE 26 HA ENVIRON QUE SUR LES TERRES ARABLES DE 10 HA APPARTENANT A FRANCOIS, AUX MOTIFS QU'AUCUNE OBLIGATION D'ENTRETIEN OU DE CULTURE NE LUI ETAIT IMPOSEE SUR LES PATURAGES ET QUE FRANCOIS N'AVAIT JAMAIS RECU LA MOINDRE REDEVANCE POUR LA LOCATION DES TERRES ARABLES ;
ATTENDU POURTANT QUE DANS SES CONCLUSIONS D'APPEL, PERIN FAISAIT VALOIR QU'IL S'AGISSAIT D'UN BAIL A FERME VERBAL DISSIMULE SOUS L'APPARENCE ET LA QUALIFICATION D'UN CONTRAT DE VENTE D'HERBES ET QU'AU COURS DE LA PROCEDURE FRANCOIS LUI-MEME AVAIT RECONNU QU'IL AVAIT CONCLU CES CONTRATS SUCCESSIFS DANS LE BUT D'ECHAPPER AU STATUT DU FERMAGE, QUE LA LOCATION DES PATURAGES AVAIT ETE FAITE SUIVANT UN PRIX FIXE EN DENREES, QUE PERIN DEVAIT COUPER LES CHARDONS ET QUE L'ENQUETE ORDONNEE PAR LE JUGE ETABLISSAIT QU'IL AVAIT EFFECTUE DES TRAVAUX DE CULTURE ET D'ENTRETIEN INCOMBANT A UN FERMIER ET QU'EN CE QUI CONCERNE LES TERRES...
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