Acórdão nº 98A1119 de Supremo Tribunal de Justiça (Portugal), 11 de Março de 1999 (caso NULL)
Data | 11 Março 1999 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: JURISPRUDÊNCIA UNIFORME.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART236 N1 ART238 ART334. LAR88 ART13.
Jurisprudência Nacional: AC STJ DE 1993/04/29 IN CJSTJ ANOI T2 PAG93. AC STJ DE 1997/09/23 IN CJSTJ ANOV TIII PAG35. AC STJ DE 1993/07/21 IN BMJ N329 PAG522. AC STJ DE 1994/11/22 IN CJSTJ ANOII TIII PAG157. AC STJ DE 1990/05/03 IN AJ ANOII N9 PAG67.
Sumário : I - A interpretação das declarações negociais somente integra matéria de direito quando deva ser feita segundo os artigos 236 n. 1 e 238 CC, uma vez que então não se trata de fixar apenas factos, mas de aplicar um critério legal normativo devendo o STJ apreciar se esse critério foi correctamente entendido e aplicado pelas instâncias. II - Sendo legalmente proibido, salvo acordo escrito do senhorio, ao arrendatário rural subarrendar ou ceder por comodato, total ou parcialmente, os prédios arrendados ou ainda ceder a terceiros a sua posição contratual, de nada vale ao rendeiro alegar e provar que o senhorio disso tinha conhecimento, podendo este útlimo pedir a resolução do contrato. III - O CC adoptou uma concepção objectiva de abuso de...
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