Cour de cassation, civile, Chambre civile 1, 6 novembre 2013, 12-25.239, Publié au bulletin
Case Outcome: | Rejet |
Appeal Number: | 11301228 |
Citation: | Sur la réaffirmation du principe selon lequel la créance de salaire différé est une dette de l'exploitant, à rapprocher :1re Civ., 18 janvier 2012, pourvoi n° 10-24.892, Bull. 2012, I, n° 10 (rejet) |
Counsel: | SCP Fabiani et Luc-Thaler, SCP Gatineau et Fattaccini |
Court: | Première Chambre Civile (Cour de Cassation de France) |
Docket Number: | 12-25239 |
ECLI: | ECLI:FR:CCASS:2013:C101228 |
Official gazette publication: | Bulletin 2013, I, n° 218 |
Presiding Judge: | M. Charruault |
Writing for the Court: | Mme Bodard-Hermant |
LA COUR DE CASSATION, PREMIÈRE CHAMBRE CIVILE, a rendu l'arrêt suivant :
Sur le moyen unique pris en ses trois branches :
Attendu, selon l'arrêt attaqué (Rennes, 13 mars 2012), qu'Amédée X... est décédé le 13 septembre 1996 en laissant pour lui succéder son épouse, Denise Y..., aujourd'hui décédée, avec laquelle il était marié sous le régime légal et leurs cinq enfants ; que la succession d'Amédée X... ayant été partagée, l'un de ceux-ci, M. Philippe X..., a demandé le paiement d'une créance de salaire différé à l'encontre de la succession de sa mère ;
Attendu que M. X... fait grief à l'arrêt d'écarter sa demande, alors, selon le moyen :
1°/ que, si le bénéficiaire d'un contrat de travail à salaire différé exerce son droit de créance après le décès de l'exploitant, cette créance naît du vivant de celui-ci, de sorte qu'à l'égard d'époux mariés sous le régime de la communauté de meubles et acquêts, elle constitue une dette que la communauté supporte définitivement ; que pour rejeter la demande de M. Philippe X... tendant à obtenir à l'occasion des opérations de partage de la succession de sa mère le paiement d'une créance de salaire différé pour sa participation à l'exploitation de la tenue maraîchère parentale, la cour d'appel, qui a constaté que les époux étaient mariés sous le régime de la communauté de meubles et acquêts, s'est bornée à affirmer que la mère de M. Philippe X... n'était pas coexploitante de cette tenue maraîchère exploitée par son mari ; qu'en statuant ainsi, la cour d'appel a violé les articles L. 321-13 et L. 321-17 du code rural et de la pêche maritime, ensemble les articles 1409 et 1499 du code civil ;
2°/ qu'en présence d'ascendants coexploitants, le descendant titulaire d'une créance de salaire différé peut exercer son droit de créance sur l'une ou l'autre des successions ; que la qualité d'exploitant agricole ne dépend pas de l'importance de l'exploitation, de sorte qu'un ascendant peut être qualifié d'exploitant agricole même s'il n'exploite qu'à titre occasionnel ou accessoire cette activité agricole ; qu'en affirmant que Mme Denise Y..., épouse X..., avait occasionnellement aidé aux travaux de la tenue maraîchère pour cependant exclure qu'elle puisse en être considérée coexploitante et interdire en conséquence à M. Philippe X... d'exercer sa créance de salaire différé sur la succession de cette dernière, la cour d'appel n'a pas tiré les conséquences légales de ses propres constatations, en violation des articles L. 321-13 et L. 321-17 du code rural et de la pêche maritime ;
3°/...
Pour continuer la lecture
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