Cour de Cassation, Chambre civile 3, du 5 mars 1980, 78-15.535, Publié au bulletin
Presiding Judge | Pdt M. Cazals |
Case Outcome | Cassation |
Citation | CF. Cour de Cassation (Chambre civile 1) 1960-03-23 Bulletin 1960 I N. 176 (1) p.141 (REJET)<br/> |
Counsel | M. Brouchot |
Date | 05 mars 1980 |
Docket Number | 78-15535 |
Court | Troisième Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre civile 3 N. 51 |
VU L'ARTICLE 524 DU CODE CIVIL ; ATTENDU QU'IL RESULTE DE CE TEXTE QUE PEUT SEUL CONFERER A DES OBJETS MOBILIERS LE CARACTERE D'IMMEUBLES PAR DESTINATION CELUI QUI EST PROPRIETAIRE A LA FOIS DES OBJETS MOBILIERS ET DE L'IMMEUBLE AU SERVICE DUQUEL IL LES A PLACES ;
ATTENDU, SELON L'ARRET CONFIRMATIF ATTAQUE (PAU, 29 JUIN 1978), QUE LA CAISSE CENTRALE DE CREDIT HOTELIER COMMERCIAL ET INDUSTRIEL A CONSENTI AUX EPOUX Y... UN PRET GARANTI PAR UNE HYPOTHEQUE CONVENTIONNELLE SUR UN IMMEUBLE ; QUE DAME Y..., QUI EXPLOITAIT DANS CET IMMEUBLE UN FONDS DE CHAUDRONNERIE ET TOLERIE INDUSTRIELLES, A ETE DECLAREE EN ETAT DE LIQUIDATION DES BIENS ; QUE DEMOISELLE X..., SYNDIC, A POURSUIVI SEPAREMENT LA VENTE DE L'IMMEUBLE ET DU MATERIEL D'EXPLOITATION ; QUE LE CREDIT HOTELIER, QUI N'AVAIT PAS ETE INTEGRALEMENT PAYE DE SA CREANCE PAR L'ATTRIBUTION DU PRIX DE VENTE DE L'IMMEUBLE, A PRETENDU EXERCER, EN QUALITE DE CREANCIER HYPOTHECAIRE, SON DROIT DE PREFERENCE SUR LE PRIX DE VENTE DU MATERIEL D'EXPLOITATION, QUI ETAIT, SELON LUI, IMMEUBLE PAR DESTINATION ET COMME TEL GREVE DE...
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