COUR DE CASSATION, Chambre sociale, du 6 juillet 1960, Publié au bulletin
Case Outcome | REJET. |
Court | Chambre Sociale (Cour de Cassation de France) |
Date | 06 juillet 1960 |
Publication au Gazette officiel | N° 729 |
ATTENDU QUE LE POURVOI REPROCHE A CE JUGEMENT D'AVOIR DIT QUE LE TABLEAU D'EQUIVALENCE ETAIT OBLIGATOIRE ALORS, D'UNE PART, QUE CE TABLEAU, DONT LA PORTEE A ETE DENATUREE, N'AVAIT POUR OBJET QUE DE FIXER LES MAXIMA ET MINIMA DE CHAQUE DENREE SANS COMPORTER POUR AUTANT DES COEFFICIENTS D'EQUIVALENCE ENTRE CHACUNE D'ELLES, ALORS SURTOUT QUE LE PRIX DU FERMAGE QUI DEVAIT ETRE CALCULE PAR REFERENCE A LA VALEUR LOCATIVE 1939 NE POUVAIT ETRE CALCULE QU'EN FONCTION DE COEFFICIENTS D'EQUIVALENCE DE 1939;
MAIS ATTENDU, D'UNE PART, QUE L'ARRETE DU 21 JUILLET 1953 DECLARE EXPRESSEMENT DANS SON ARTICLE 3 QUE L'ARRETE PREFECTORAL DU 21 AVRIL 1949 ETABLISSANT LES EQUIVALENCES DE PRODUITS CORRESPONDANT A 100 KILOGRAMMES DE BLE DEMEURE VALABLE, QUE CES TAUX D'EQUIVALENCE S'INCORPORENT AINSI A L'ARRETE DU 21 JUILLET 1953, LEQUEL FIXE AVEC FORCE OBLIGATOIRE DANS SON ALINEA 5 ET NON PLUS A TITRE INDICATIF LES VALEURS LOCATIVES DES BIENS QU'IL PREVOIT AINSI QUE LE DECIDE L'ARTICLE 812 DU CODE...
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