Cour de Cassation, Chambre civile 3, du 19 mars 1997, 95-12.261, Publié au bulletin
Presiding Judge | M. Beauvois . |
Case Outcome | Rejet. |
Counsel | la SCP Waquet,Farge et Hazan.,la SCP Peignot et Garreau |
Docket Number | 95-12261 |
Date | 19 mars 1997 |
Court | Troisième Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin 1997 III N° 64 p. 41 |
Attendu que les époux X..., propriétaires d'une parcelle de vigne donnée à ferme à la société Domaine de Clarence Dillon, font grief à l'arrêt attaqué (Paris, 30 novembre 1994), statuant sur renvoi après cassation, sur l'action en révision du fermage exercée par la société locataire, de décider que le prix du bail serait désormais établi sur le fondement de l'arrêté préfectoral qui, chaque année, détermine le prix moyen des denrées retenues pour le calcul du fermage et dans les limites de l'arrêté préfectoral visé à l'article L. 411-11 du Code rural et ce depuis le 1er novembre 1988 et de les condamner à restituer une certaine somme au preneur, alors, selon le moyen, que l'action en révision du fermage excessif n'a pas d'effet rétroactif, le nouveau fermage ne prenant effet qu'à compter de la...
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