Acórdão nº 077121 de Supremo Tribunal de Justiça (Portugal), 15 de Março de 1989
| Magistrado Responsável | MENERES PIMENTEL |
| Data da Resolução | 15 de Março de 1989 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: HENRIQUE MESQUITA IN CESSÃO DA POSIÇÃO DO ARRENDATARIO COLECTANEA ANOXI T1 PAG15.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART424 N1 ART1049 ART1093 N1 F ART1118 N1 N2 ART1120 N1. CPC67 ART664.
Sumário : I - O principio geral regulador da cessão da posição contratual consagrado no artigo 424, n. 1 do Codigo Civil tem uma razão de ser que parece obvia: As vinculações contratuais assentam numa relação de confiança, que seria quebrada ou posta em causa se uma das partes pudesse ceder a outrem, por sua livre iniciativa, a respectiva posição juridica. II - Tal principio sofre duas excepções em materia de arrendamento: A lei permite em dois casos - artigos 1118, n. 1 e 1120, n. 1 do citado Codigo - a cessão do direito ao arrendamento sem necessidade de...
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