Acórdão nº 99B025 de Supremo Tribunal de Justiça (Portugal), 11 de Fevereiro de 1999 (caso NULL)
Magistrado Responsável | NASCIMENTO COSTA |
Data da Resolução | 11 de Fevereiro de 1999 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART802 N2 ART1093 N1 B. RAU90 ART64 N1 B.
Jurisprudência Nacional: AC STJ PROC898/97 DE 1997/12/17.
Sumário : I - As regras gerais de resolução dos contratos não têm aplicação no domínio do contrato vinculístico de arrendamento, instituindo a lei as causas tipificadas de resolução. II - A lei prevê a resolução do contrato de arrendamento para a hipótese de o arrendatário, ainda que nenhum dano cause ao senhorio, ou até beneficiando-o, mude unilateralmente o destino do bem, assim causando numa "ruptura do equilíbrio contratual" estabelecido pelas partes. III - Serão de aceitar actividades adicionais apenas se uma "interpretação adequada mostrar ter a cláusula um alcance mais lato do que o que corresponde ao seu teor...
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