Absence de pouvoir du mandataire social pour conclure un contrat et nullité

La nullité d'un contrat fondée sur l'absence de pouvoir du mandataire social, qui est relative, ne peut être demandée que par la partie représentée.

Tel est le sens d'un arrêt rendu par la première chambre civile de la Cour de cassation le 12 novembre 2015 (Cass. civ. 1, 12 novembre 2015, n° 14-23.340, F-P+B ; cf. déjà en ce sens, Cass. civ. 1, 2 novembre 2005, n° 02-14.614, FS-P+B). En l'espèce, une SCI (la bailleresse) a consenti un bail commercial à une société (la locataire), à compter du 1er juin 2008 et pour une durée de vingt-trois mois. Après le départ des lieux de la locataire, la bailleresse l'a assignée en paiement d'un arriéré de loyers et taxes. La locataire a opposé la nullité du bail pour défaut de capacité de la SCI bailleresse.

La cour d'appel d'Aix-en-Provence (CA Aix-en-Provence, 3 juin 2014, n° 12/21221) a prononcé la nullité du bail pour défaut de capacité de la bailleresse, retenant que le bail a été signé par la SCI, représentée par M. G. qui était décédé le 29 juin 2006, soit avant la signature de l'acte litigieux. Selon les statuts, celui-ci avait été nommé gérant pour une durée illimitée et, en conséquence, pour la cour d'appel, la SCI, privée de gérant, ne disposait plus de la capacité pour contracter. Mais, énonçant le principe précité, la Cour régulatrice censure l'arrêt d'appel au visa de l'article 1984 du Code civil.

(Source : Actualités du Droit du 25/11/2015)




When you bet and an opponent calls or raises, you then must decide if they actually have a better

hand or not. He not only provided for his family but

he was always there for his wife and their 5 children. When you add cultural buildings such as temples, shrines,

and burial mounds, you increase the happiness of your citizens.

The dealer turns the hand over and has two pair-you win.

Have a look at my blog full house poker cash advance


Aparte de descargar vídeos desde una URL puedes convertir archivos

subidos desde tu ordenador. Resalta sobre todo la cantidad de formatos de vídeo que acepta a la hora de

descargar de YouTube.

Feel free to visit my webpage ... tutorial para bajar videos de facebook

- Lupita,


Attractive section of content. I just stumbled upon your weblog and in accession capital to assert that I acquire

in fact enjoyed account your blog posts. Anyway I will be subscribing on your augment or even I

achievement you get entry to constantly quickly.

Here is my homepage lasertest


If you want to help ensure that you only set up

apps from Android Market, you can turn off the capacity to

install apps from unknown sources in by going to Settings and then to the Safety menu (in Android 4.

or later) or the Applications menu (in earlier versions of Android).

My site; going here


Hey I know this is off topic but I was wondering if you knew

of any widgets I could add to my blog that automatically tweet my newest twitter

updates. I've been looking for a plug-in like this

for quite some time and was hoping maybe you would have

some experience with something like this.

Please let me know if you run into anything.

I truly enjoy reading your blog and I look forward

to your new updates.

My web site - Road Riot For Tango Hack


In contrast to automatic machines that take a variety of the guesswork out of brewing an ideal cup of espresso,

guide espresso machines like this one require some level of expertise

to function.

Look at my blog post :: used espresso machines seattle


For a military representative, you have a quest that is dependant upon your company of demand, and they must organize the support

which you will want.

Look at my webpage;


Now a mortgage mortgage loan may also consist of those who have homes nonetheless

want to take a loan out on your mortgage as well as house, applying this as assets to protected the desired amount.

Feel free to visit my weblog ::


I used to be unhappy with all the job favorite

pay was fantastic.

Here is my web blog:


These changes with an successful starting night out of The

month of january 31, 1995 were acknowledged with considerably increasing the quantity and blend

amount of lending options to small establishments and to low- plus moderate-income borrowers intended for home loans.

Take a look at my weblog -


Problems could possibly be unconnected but if they may be related with popularity issues

then it can fit an individual within immense


Also visit my web blog ...


Among the best features of this particular credit program's that it has an extra time to help

borrower in case he is not able to pay their particular installments.

my weblog:


You can utilize $5000 unsecured personal cash loan with a bad credit score for having

an experienced caterer assorted financial requirements along with your personal needs such

as education, vacation excursion, nuptial, purchasing car, combine your debts

as well as other you can get the house repaired?

Here is my blog post ...


They will literally just call each 1 proper there right then until many people get the

reside human being or an giving an answer to machine.

My site:


Consumer Credit Counseling Assistance said

that it was contacted by a large number of people today last year (This year), as compared

to 2010 and beyond and 09, who have the challenge over pay day loans,

my weblog ...


It's also possible to adjust the particular reimbursement

program as per a person's convenient if you think maybe making payments promptly.

Also visit my homepage;


Each one of the physical, managment, and technological categories

to the stairway resulting in Information Safety measures should

be looked at as part of a powerful risk administration effort.

my page;


Preaching about reforming plans like Cultural Security or maybe Medicare is incredibly controversial, along with politicians attempt to avoid these

discussions at any expense, but the fact is these packages are unsustainable and the really need

to revamp these individuals into a lot more fiscally favourable programs will be long late

Also visit my website:


This sort of one is what is called a short-term mortgage loan?

Look into my page ...


I have tried to are employed in other domains,

which I can do but I think there is not sufficient job design for my diplomas in this area.

Here is my blog ...


Once a loan application form has been filled and published,

it will be verified by the loan company, who will get in touch with you

to consider your financial need and tell you about the absolute best plan for you actually.

Here is my homepage;


There are a few issues you should be aware of

as you go over the loan method.

Check out my web page -


You are probably willing to get behind your wheel of one's

dream motor vehicle, but before you go car browsing you should get car loan money online.

Here is my webpage -


So, do not get surprised to your rejection if

you give any document incorrectly,

Also visit my blog -


When you have achieved the formalities, you can make distinct modifications in the inner of the house once you would need to handle the installation as per all of your life type.

My webpage ::


These websites are the types which are aiding people in receiving the things

the way they want that it is?

Feel free to surf to my weblog


Account updates: To get payday loans not any credit check, you

also receive typical updates on your phone.

Feel free to visit my page -


Government-issued u . s . student loans and many

non-federal private figuratively speaking grant pupils a six-month grace period

once they leave university before they have to begin making

loan instalments.

Feel free to visit my website


First and foremost, get over the notion that you are not allowed to be proud of what we have done.

Feel free to visit my page -


Dependant upon the guarantor, the individual have to

be employed, have got a bank account, have a great credit history and never be bankrupt

or on an IVA!

My weblog -


One would receive a rapid authorization, as and when the procedure of verification would certainly get approval

Also visit my web blog -


No fax required plus effortless approval makes it easy live a cheerful life

Feel free to surf to my web blog


With passage of one's it is definitely clear that, both Baba Ramdev

and Government of India understand as well as appreciate the trouble but, not able to recommend any kind of solution.

My web-site


Second house loans will frequently operate exactly the

same as your primary mortgage, a credit line are different.

my blog post ...


Cards initially created for vacations could be reworded getting extra special shower invitations or maybe baby press releases that perform Halloween pumpkins, Yuletide decorations, or even 4th connected with

July warning and advertising banners, depending on the year?

Here is my web-site ...


At the same time, it said that express budgets are

less flexible compared to the local section budgets.

Also visit my blog


No fax payday loans simply suggest you won't need to send in any paperwork when you

are making use of

Also visit my page ...


That way, you simply will not be affected by changes in the monthly interest each year.

My blog ::


Will be cash in your money sinking along with your paycheck coming to you right after weeks

my web blog


You might feel collateralized about your economic planning in view that you will not end-up getting trapped in an unexpected circumstance

my web site -


No matter what design and style you ultimately choose, the changes options can help you create the best

gift in your military loved one.

My blog post ::


In many cases, foreclosure and financial institution owned homes are in terrible shape

so you won't have an opportunity to look in before you buy?

my homepage


Personal finances with UAE isn't relatively as reasonably priced as they once was in good old days they can still offer

an affordable design for borrowing funds.

Check out my web page ::


By using that way, additionally you can learned in an effort to somehow

"insert" the price for your mortgage loan cost with

all your usual finances - considering the fact that of the, you might be generating on your own path to getting the

home that you've got been planning to see!

Also visit my homepage:


Their own biggest strengths are; straightforward application forms, pretty much instant authorization, money remaining received by way of the next business day and that the lending company

does not execute any credit check required against the candidate.

My webpage;


Take out your existing personal loan documents in addition to identify the name, current monthly interest and all the information related to the car you are at present driving along with wanting to refinancing (things like

calendar year, make, type, and VIN).

My webpage ...


All you just need to do is actually filling a software on the lender's website considering the necessary information concerning your age,

profile number, cash flow status in addition to employment details.

Stop by my blog;


Enjoy this budgetary aid without securing just about any

valuable property as a security to the mortgage lender

my weblog -


Because of its sizing, a food items cart business

would simply usually call for one or two personnel,

which is in contrast to that of building a large fast-food eating

place which would call for larger degrees of manpower.

Here is my blog post:


You need to see a value factor connected with somewhere between 35%

- 55% on most components.

Also visit my web blog;

Ajouter un commentaire