Rosso v Marro

Date18 janvier 1945
Docket NumberCase No. 104
CourtCivil Tribunal (France)
France, Tribunal Civil of Grasse.
Case No. 104

Effects of Outbreak of War — On Treaties — Treaties of a Purely Private Law Nature — Continuance in Force of Franco-Italian Treaty of Establishment of June 3, 1930, despite Outbreak of Hostilities between France and Italy.

The Facts.—Rosso and his wife, Italian nationals, who had since August 1, 1938, been tenants of certain business premises at Cannet (Alpes-Maritimes), had applied to their landlord, Marro, for the renewal of their lease as from August 1, 1944. Marro refused to grant such renewal. The two tenants sued Marro for an award of 220,000 francs compensation for eviction.

Held: that Marro, in default of consent to renewal of the lease which was applied for, must pay the Rossos compensation for eviction based on the amount of loss caused by his failure to renew the lease. The Court said: “Treaties concluded between States who subsequently become belligerents are not necessarily suspended by declaration of war. In particular, the conduct of the war [must permit] the economic life and commercial activities of private persons to continue in the common interest. [Hence] the Court of Cassation, reverting, it should be said, to the doctrine which it has laid down during the past century (cf. the judgments of the Chambre civile of July 15, 1811, and December 23, 1854), now holds that treaties of a purely private law nature, not involving any intercourse between the belligerent Powers, and having no connexion with the conduct of hostilities, are not suspended in their operation merely by the existence of a state of war. (Cf. the judgment of the Court of Cassation, Chambre sociale, of November 5, 1943, in Bussi v. Menetti, supra, Case No. 103.)

“On this point, the landlord claims that judgments drawn from this new doctrine have had only the transient basis of French international polity at the time when they were given; and that the aims and intentions of French...

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