LexInter | August 18, 2004 | 0 Comments

BREACH OF THE MAINTENANCE OBLIGATION AND TERMINATION OF THE LEASE

FRENCH REPUBLIC

IN THE NAME OF THE FRENCH PEOPLE

IN THE NAME OF THE FRENCH PEOPLE

THE COURT OF CASSATION, THIRD CIVIL CHAMBER, delivered the following judgment:

On the sole means:

Having regard to article 1134 of the Civil Code;

Expected, according to the judgment under appeal (Caen, September 26, 2002), that the spouses X … gave lease premises for use of bakery-pastry to spouses Y … from September 29, 1990; that during the transfer of the lease by the latter in favor of spouses Z …, on September 26, 1997, the lessors made a report of the premises before invoking a breach of the obligation of maintenance and requesting the termination of the tenancy in addition to the award of damages;

Whereas, to reject these requests, the judgment, after noting that according to the lease the lessee undertakes to maintain the places delivered in perfect condition of repair and to return them at the end of the lease in good condition for all rental repairs of maintenance and major maintenance, retains that the stipulations on which the spouses X … base their claims, are intended to receive application that end of lease and that such is not the case in this case;

That by ruling thus, the Court of Appeal, which denatured the clear and precise terms of the lease, violated the aforementioned article;

FOR THESE REASONS :

BREAK AND CANCELED, in all its provisions, the judgment rendered on September 26, 2002, between the parties, by the Caen Court of Appeal; returns, consequently, the cause and the parts in the state where they were before the aforementioned judgment and, to be done right, returns them before the court of appeal of Rouen;

Condemns the spouses Y … at the costs;

Considering article 700 of the new Code of civil procedure, condemns the spouses Y … to pay the sum of 1900 euros to the spouses X … and the sum of 1900 euros to the spouses Z …;

Said that on the diligence of the Attorney General near the Court of Cassation, this judgment will be transmitted to be transcribed on the sidelines or following the broken judgment;

Thus done and judged by the Court of Cassation, Third Civil Chamber, and pronounced by the President in his public hearing on June 30, two thousand and four.

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