Acórdão nº 074697 de Supremo Tribunal de Justiça (Portugal), 19 de Janeiro de 1988 (caso NULL)
Magistrado Responsável | AURELIO FERNANDES |
Data da Resolução | 19 de Janeiro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / DIR CONTRAT.
Legislação Nacional: CCIV66 ART204 N3 ART238 ART310 N2 ART832 N1 N2 ART938.
Jurisprudência Nacional: AC STJ DE 1983/06/15 IN BMJ N328 PAG559. AC STJ DE 1984/05/03 IN BMJ N337 PAG343. AC STJ DE 1985/03/05 IN BMJ N345 PAG382. AC STJ DE 1985/12/10 IN BMJ N352 PAG317. AC STJ DE 1986/11/25 IN BMJ N361 PAG527.
Sumário : I - A averiguação de se determinadas partes do imovel arrendado - res-do-chão - se incluem no seu arrendamento para restaurante, reside na interpretação da vontade e da declaração das partes, no acto da celebração do contrato de arrendamento. II - E como e jurisprudencia assente deste Supremo Tribunal, a interpretação das vontades das partes e das clausulas contratuais e materia de facto da exclusiva competencia das instancias, salvo se não tiver um minimo de correspondencia no texto do documento, de harmonia com o disposto no artigo...
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