Cour de cassation, civile, Chambre civile 1, 13 avril 2016, 15-17.316, Publié au bulletin
Case Outcome: | Cassation partielle |
Appeal Number: | 11600402 |
Citation: | A rapprocher : 1re Civ., 3 juillet 1996, pourvoi n° 93-20.394, Bull. 1996, I, n° 297 (cassation partielle) |
Counsel: | SCP Boré et Salve de Bruneton, SCP Bénabent et Jéhannin |
Court: | Première Chambre Civile (Cour de Cassation de France) |
Docket Number: | 15-17316 |
ECLI: | ECLI:FR:CCASS:2016:C100402 |
Official gazette publication: | Bulletin d'information 2016 n° 849, I, n° 1247 |
Presiding Judge: | Mme Batut |
Writing for the Court: | M. Reynis |
LA COUR DE CASSATION, PREMIÈRE CHAMBRE CIVILE, a rendu l'arrêt suivant :
Attendu, selon l'arrêt attaqué, que Norbert X... est décédé en laissant pour héritiers ses quatre fils, Rolland, Christian, Pierre et Gérard ;
Sur le moyen unique, pris en sa première branche :
Vu l'article L. 321-13 du code rural et de la pêche maritime ;
Attendu que l'arrêt décide que M. Gérard X... peut prétendre à une créance de salaire différé pour la période allant du 1er février au 30 octobre 1969 ;
Qu'en se déterminant ainsi, sans rechercher, comme il le lui était demandé, si, au début de la période considérée, l'intéressé était âgé de plus de dix-huit ans, la cour d'appel n'a pas donné de base légale à sa décision ;
Et sur la deuxième branche du moyen :
Vu l'article L. 321-13 du code rural et de la pêche maritime ;
Attendu que, pour allouer à M. Gérard X... une créance de salaire différé pour les années 1973 à 1977, l'arrêt retient, par motifs adoptés, qu'il justifie avoir été inscrit auprès de la mutualité sociale agricole en qualité d'aide familial ;
Qu'en se déterminant ainsi, alors que la seule inscription à cet organisme est insuffisante à établir une participation directe, effective et gratuite à l'exploitation familiale, la cour d'appel n'a pas donné de base légale à sa décision ;
PAR CES MOTIFS et sans qu'il y ait lieu de statuer sur l'autre grief :
CASSE ET ANNULE, mais seulement en ce qu'il dit que M. Gérard X... est créancier envers la succession d'un salaire différé d'un montant de 91 328, 15 euros, l'arrêt rendu le 26 février 2015, entre les parties, par la cour d'appel de Nîmes ; remet, en conséquence, sur ce point, la cause et les parties dans l'état où elles se trouvaient avant ledit arrêt et, pour être fait droit, les renvoie devant la cour d'appel de Nîmes, autrement composée ;
Condamne M. Gérard X... aux dépens ;
Vu l'article 700 du code de procédure civile, rejette sa demande et le condamne à payer à MM. Rolland, Christian et Pierre X... la somme totale de 3 000 euros ;
Dit que sur les diligences du procureur général près la Cour de cassation, le présent arrêt sera transmis pour être transcrit en marge ou à la suite de l'arrêt partiellement cassé ;
Ainsi fait et jugé par la Cour de cassation, première chambre civile, et prononcé par le président en son audience publique du treize avril deux mille seize.
MOYEN ANNEXE au présent arrêt
Moyen produit par la SCP Boré et Salve de Bruneton, avocat aux Conseils, pour MM. Rolland, Christian et...
Pour continuer la lecture
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