Cour de cassation, civile, Chambre civile 1, 10 mars 2021, 20-11.917, Publié au bulletin
Case Outcome | Cassation |
Appeal Number | 12100198 |
Counsel | SCP Fabiani, Luc-Thaler et Pinatel, SCP Thouin-Palat et Boucard |
Court | Première Chambre Civile (Cour de Cassation de France) |
Docket Number | 20-11917 |
ECLI | ECLI:FR:CCASS:2021:C100198 |
Presiding Judge | Mme Batut (président) |
CIV. 1
SG
COUR DE CASSATION
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Audience publique du 10 mars 2021
Cassation
Mme BATUT, président
Arrêt n° 198 FS-P
Pourvoi n° S 20-11.917
R É P U B L I Q U E F R A N Ç A I S E
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AU NOM DU PEUPLE FRANÇAIS
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ARRÊT DE LA COUR DE CASSATION, PREMIÈRE CHAMBRE CIVILE, DU 10 MARS 2021
1°/ La Caisse de crédit mutuel Bartholdi, association coopérative, dont le siège est [...] ,
2°/ La société Assurances du crédit mutuel vie, société anonyme, dont le siège est [...] ,
ont formé le pourvoi n° S 20-11.917 contre l'arrêt rendu le 28 novembre 2019 par la cour d'appel de Colmar (2e chambre civile, section A), dans le litige les opposant à M. E... T..., domicilié [...] , défendeur à la cassation.
Les demanderesses invoquent, à l'appui de leur pourvoi, le moyen unique de cassation annexé au présent arrêt.
Le dossier a été communiqué au procureur général.
Sur le rapport de Mme Champ, conseiller référendaire, les observations de la SCP Thouin-Palat et Boucard, avocat de la Caisse de crédit mutuel Bartholdi et de la société Assurances du crédit mutuel vie, de la SCP Fabiani, Luc-Thaler et Pinatel, avocat de M. T..., et l'avis de M. Chaumont, avocat général, après débats en l'audience publique du 19 janvier 2021 où étaient présents Mme Batut, président, Mme Champ, conseiller référendaire rapporteur, Mme Duval-Arnould, conseiller doyen, Mme Teiller, MM. Avel, Mornet, Chevalier, Mmes Kerner-Menay, Darret-Courgeon conseillers, MM. Vitse, Mmes Dazzan, Le Gall, Kloda, M. Serrier, Robin-Raschel, conseillers référendaires, M. Chaumont, avocat général, et Mme Berthomier, greffier de chambre,
la première chambre civile de la Cour de cassation, composée, en application de l'article R. 431-5 du code de l'organisation judiciaire, des président et conseillers précités, après en avoir délibéré conformément à la loi, a rendu le présent arrêt.
Faits et procédure
1. Selon l'arrêt attaqué (Colmar, 28 novembre 2019), suivant acte du 29 juin 2007, la Caisse de crédit mutuel Bartholdi (la banque) a consenti à la société Le Caprice (l'emprunteur) deux prêts dont le terme était fixé le 30 juin 2011, garantis, selon deux avenants du 12 septembre 2007, par le nantissement d'un contrat d'assurance sur la vie souscrit par M. T... (le souscripteur) auprès de la société Assurances du crédit mutuel vie (l'assureur). Le 9 décembre 2009, l'emprunteur a été placé en redressement judiciaire et a bénéficié d'un plan de redressement arrêté par jugement du 7 juin 2011, prévoyant le remboursement des créances de la banque...
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