Acórdão nº 9620478 de Court of Appeal of Porto (Portugal), 05 de Novembro de 1996
Magistrado Responsável | GONÇALVES VILAR |
Data da Resolução | 05 de Novembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU90 ART64 F ART115. CCIV66 ART1038.
Jurisprudência Nacional: AC STJ DE 1992/10/20 IN BMJ N420 PAG524.
Sumário: I - É fundamento da resolução do contrato de arrendamento, nos termos do artigo 64 alínea f) do Regime do Arrendamento Urbano, a falta de comunicação ao senhorio de cedência do locado, associada à cessão de exploração do estabelecimento nele instalado, no prazo previsto na alínea g) do artigo 1038 do Código Civil. II - Celebrado contrato-promessa de cessão de exploração de estabelecimento, instalado no local arrendado, mas consumada, de facto, a cedência, antes da realização da escritura pública, há fundamento de resolução do contrato de...
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