Acórdão nº 069953 de Supremo Tribunal Administrativo (Portugal), 17 de Junho de 1982
| Magistrado Responsável | MARIO DE BRITO |
| Data da Resolução | 17 de Junho de 1982 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: PIRES LIMA E ANTUNES VARELA CÓD CIV ANOT VOLII NOTA AO ART1129.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1022 ART1023 ART1095 ART1096 ART1129.
Sumário : I - Tendo sido acordado o pagamento de uma quantia mensal pelo uso do prédio pelo réu, a qualificação de comodato tem de considerar-se desde logo afastada visto que por força do artigo 1129 do Código Civil o comodato é um contrato gratuito. II - É de arrendamento o contrato pelo qual a autora se obrigou a proporcionar ao réu o gozo temporário de um prédio mediante o pagamento de determinada importância mensal (artigos 1022 e 1023 do Código Civil). III - Não obsta aquela conclusão a circunstância de o gozo do prédio por parte do réu ter sido acordado "a título provisório, até que o...
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