Lease Termination Due to Non-Peaceful Use

Extract

[...] - It is in view of these two penal convictions sanctioning the aggressions of against its employees that the lessor considered himself to be within his rights regarding his act of terminating the lease on the grounds of failure to use the premises peacefully. - The Court of Cassation gives right to the OPAC of Rhône and to the Court of Appeal, estimating that the latter had well reasoned in the matter on the gravity of the faults committed as being of a nature to justify the taking of such a resolutive act by the lessor; and in the person of the OPAC of Rhône, the implicit retention of the loss of confidence of the lessor, in his capacity as co-contractor, vis-à-vis his tenant, is retained B. [...]

[...] Circumstances of the contentious act The commentary will establish to what extent the Court was able to identify the circumstances of the case that gave rise to the dispute in the first part, which circumstances can be analyzed in two stages that will be retained in the commentary: the establishment of the procedure and the commission of a recall of the facts, and the identification of the incriminated material damage and its solutions. A. On the procedure The recall of the procedure and facts is essential in the examination of a commentary. This double recall allows to set the framework of the contentious examined. [...]

[...] As for the qualities of the parties, Mrs. is the mother of that is to say, his legal guardian before became a major. Mrs. and are natural persons. On the other hand, the OPAC du Rhône is a legal person under public law, which represents the interests of its employees. In the specific case, Mrs. is the lessee under a lease agreement concluded with the OPAC du Rhône. The OPAC du Rhône is the lessor. [...]

[...] - In this case, the solution given by the Court of Cassation is to reject the appeal. As a consequence, it extinguishes, according to the principle of the authority of the thing judged, any contestation before the civil judge of the decision. B. On the facts - The facts of the case are clearly established. First, it is necessary to identify the parties present and their respective qualities; then, in second place, the circumstances of place and time of the case. [...]

[...] - The decision in question is laconic on the procedural elements. However, it is necessary to recall within the framework of the decision that in the Court of Cassation, the judge of cassation is not there to rule on the substance: he sends the case, by cassating, to the judge of the facts; in default, he dismisses the applicant party and consequently rejects the appeal in cassation. - The appeal in cassation cannot be carried out, in the procedural order, after a first appeal lodged near the Court of Appeal. [...]