Cour de cassation, civile, Chambre civile 2, 15 février 1984, 82-16.500, Publié au bulletin
Presiding Judge | M. Simon, conseiller doyen faisant fonction |
Case Outcome | Cassation partielle |
Counsel | Me Brouchot,Me Odent |
Appeal Number | 284 |
Docket Number | 82-16500 |
Date | 15 février 1984 |
Subject Matter | FRAIS ET DEPENS - Frais non compris dans les dépens - Condamnation - Conditions - Condamnation aux dépens. |
Court | Deuxième Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bull. 1984, II, n° 28, p. 18 |
SUR LE MOYEN UNIQUE, PRIS EN SA PREMIERE BRANCHE : ATTENDU QUE LA S. C. I. " X..., Y..., B... " (LA SCI), LA SOCIETE " GROUPE MEDICAL RENE LAENNEC (GROUPE MEDICAL), AINSI QUE LES DOCTEURS X..., Y... ET A... FONT GRIEF A L'ARRET DE LES AVOIR CONDAMNES A SUPPORTER UNE PARTIE DES DEPENS D'APPEL TOUT EN ACCORDANT A L'UN D'EUX, LA S. C. I., UNE INDEMNITE FONDEE SUR L'ARTICLE 700 DU NOUVEAU CODE DE PROCEDURE CIVILE, ALORS QUE, L'OCTROI D'UNE TELLE INDEMNITE IMPLIQUANT QUE LA TOTALITE DES DEPENS NE SUFFIT PAS A COUVRIR LES FRAIS ET HONORAIRES, EXCLUERAIT LA POSSIBILITE DE CONDAMNER SON BENEFICIAIRE A SUPPORTER UNE PARTIE DES DEPENS ;
MAIS ATTENDU QUE L'INDEMNITE PREVUE A L'ARTICLE 700 DU NOUVEAU CODE DE PROCEDURE CIVILE COMPORTANT UN FONDEMENT JURIDIQUE ET UN OBJET DISTINCTS DE CEUX DES DEPENS, L'ARRET A PU, SANS VIOLER LES TEXTES VISES AU MOYEN, CONDAMNER LA S. C. I. A SUPPORTER UNE PARTIE DES DEPENS D'APPEL TOUT EN LUI ACCORDANT, AU TITRE DE L'ARTICLE 700, UNE INDEMNITE PAYABLE PAR JEAN-MARIE X..., CONDAMNE A SUPPORTER L'AUTRE PARTIE DES DEPENS...
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