JURITEXT000006957547 Généré par l'IA

Tenant Eviction Challenge After Appeal Fails Without Stay

Numéro de cause JURITEXT000006957547

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-20

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A tenant sued the former landlord for damages following an eviction that was executed despite the tenant lodging an appeal against the initial order, arguing the execution was wrongful because the appeal suspended the immediate enforceability of the eviction judgment; the court rejected the claim, reasoning that an appeal lodged against a judgment ordering eviction does not automatically suspend the execution of that judgment unless the court specifically grants a stay, and thus the execution, carried out based on a legally enforceable decision, could not be considered wrongful.

Regeste Legislator

Généré par l'IA

Tenant Eviction Challenge After Appeal Fails Without Stay: A tenant sued the former landlord for damages following an eviction that was executed despite the tenant lodging an appeal against the initial order, arguing the execution was wrongful because the appeal suspended the immediate enforceability of the eviction judgment; the court rejected the claim, reasoning that an appeal lodged against a judgment ordering eviction does not automatically suspend the execution of that judgment unless the court specifically grants a stay, and thus the execution, carried out based on a legally enforceable decision, could not be considered wrongful.