COUR DE CASSATION, Chambre sociale, du 16 novembre 1961, Publié au bulletin
Case Outcome | REJET. |
Court | Chambre Sociale (Cour de Cassation de France) |
Date | 16 novembre 1961 |
Publication au Gazette officiel | N° 943 |
QU'ENFIN, DEMOISELLE CONSTANTIN A, PAR CONTRAT DU 15 MARS 1958, VENDU A NOUVEAU A MICHELIER LA TOTALITE DES HERBAGES DU DOMAINE MOYENNANT LE PRIX DE 1.300.000 FRANCS ;
QUE POUR S'OPPOSER A LA TENTATIVE D'EXPULSION DONT IL ETAIT L'OBJET A LA SUITE DE NON-PAYEMENT, AUX DATES CONVENUES, DU PRIX PREVU AU CONTRAT DU 15 MARS 1958, MICHELIER A SAISI LE TRIBUNAL PARITAIRE D'UNE DEMANDE TENDANT A SE VOIR RECONNAITRE EN QUALITE DE FERMIER, UN DROIT A UN BAIL RURAL D'UNE DUREE DE NEUF ANS ET A FAIRE FIXER LE PRIX DU FERMAGE SELON LES DISPOSITIONS LEGALES EN VIGUEUR ;
QUE L'ARRET ATTAQUE DIT QUE "LES CONTRATS CONCLUS ENTRE LES PARTIES NE CONSTITUENT PAS UN BAIL RURAL" ET CONFIRME LE JUGEMENT DU TRIBUNAL PARITAIRE CANTONAL QUI S'EST DECLARE INCOMPETENT ;
QUE LE POURVOI FAIT GRIEF A CETTE DECISION D'AVOIR AINSI STATUE ALORS QUE DE LA COMBINAISON DES CONTRATS DES 1ER JANVIER ET 15 MARS 1958, CONCLUS POUR LA MEME PERIODE SUR LES MEMES TERRES, IL APPARAIT QUE MICHELIER AVAIT A LA FOIS LE DROIT DE RECOLTER LES PRODUITS DES HERBAGES MOYENNANT...
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