Conseil d'Etat, 5 / 3 SSR, du 15 avril 1983, 33909, mentionné aux tables du recueil Lebon
Presiding Judge | M. Gazier |
Record Number | CETATEXT000007675374 |
Judgement Number | 33909 |
Date | 15 avril 1983 |
Court | Council of State (France) |
CONSIDERANT QU'AUX TERMES DE L'ALINEA 1ER DE L'ARTICLE 812 DU CODE RURAL, DANS SA REDACTION RESULTANT DE LA LOI N° 75-632 DU 15 JUILLET 1975, "LE PRIX DE CHAQUE FERMAGE EVALUE EN UNE QUANTITE DETERMINEE DE DENREES EST ETABLI EN FONCTION NOTAMMENT DE LA DUREE DU BAIL, COMPTE TENU D'UNE CLAUSE DE REPRISE EVENTUELLE EN COURS DE BAIL, DE L'ETAT ET DE L'IMPORTANCE DE BATIMENTS D'HABITATION ET D'EXPLOITATION, DE LA QUALITE DES SOLS AINSI QUE DE LA STRUCTURE PARCELLAIRE DU BIEN LOUE" ; QU'IL RESULTE DE CES DISPOSITIONS QUE LE PRIX DE CHAQUE FERMAGE, EXPRIME EN UNE QUANTITE DETERMINEE DE DENREES, CONSTITUE UNE REMUNERATION GLOBALE ET UNIQUE POUR L'ENSEMBLE DES ELEMENTS CONSTITUANT L'EXPLOITATION AFFERMEE ;
CONSIDERANT QUE L'ARTICLE 5 DE L'ARRETE PREFECTORAL EN DATE DU 28 OCTOBRE 1976 PORTANT APPLICATION DU STATUT DU FERMAGE DANS LE DEPARTEMENT DU LOIRET DISPOSE QUE "LA MAJORATION APPLICABLE A LA VALEUR LOCATIVE DES TERRES LOUEES AVEC DES BATIMENTS D'EXPLOITATION SERA CALCULEE...
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