Acórdão nº 0052132 de Court of Appeal of Lisbon (Portugal), 19 de Março de 1992
Magistrado Responsável | FREITAS DE CARVALHO |
Data da Resolução | 19 de Março de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: P LIMA E A VARELA IN CÓDIGO CIVIL ANOTADO 1966 VII PAG565.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART424 ART1038 F G ART1049 ART1093 N1 F ART1059 N2 ART1118. RAU90 ART64 N1 F ART115 N2 B. DL 121/76 DE 1976/02/11 ART1 N3.
Jurisprudência Nacional: AC STJ DE 1968/03/19 IN BMJ N175 PAG296. AC STJ DE 1975/06/24 IN BMJ N248 PAG439. AC RL DE 1974/11/20 IN BMJ N241 PAG340. AC RL DE 1984/04/12 IN CJ ANOIX T2 PAG136. AC RL DE 1985/10/31 IN CJ ANOX T4 PAG155.
Sumário: I - Não há trespasse, apesar do qualificativo aposto na escritura, se, na transmissão do estabelecimento houve excesso quanto ao âmbito das actividades deste (de comércio de produtos alimentares para comercialização de produtos alimentares, vitaminas e minerais, artigos de vestuário e confecções). II - Assim, a comunicação da cedência do locado onde...
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