Acórdão nº 97B384 de Supremo Tribunal Administrativo (Portugal), 05 de Fevereiro de 1998 (caso None)
Data | 05 Fevereiro 1998 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: RAU90 ART5 ART6 ART64 N1 H ART110. CCIV66 ART1031. CPC67 ART729 N1 N2.
Sumário : I - O contrato celebrado entre a proprietária de um terreno e uma sociedade comercial em que aquela se obriga a proporcionar a esta o gozo temporário desse terreno para a secagem de bacalhau e outros fins que tivessem conexão directa com essa actividade, mediante o pagamento de uma renda, é um contrato de arrendamento para comércio ou indústria (artigo 110 do RAU90). II - Aos arrendamentos para comércio ou indústria aplicam-se, em princípio, as disposições dos artigos 1 a 73 do RAU90, a menos que se trate de norma específica do arrendamento para habitação. III - O facto de a arrendatária, durante mais de um ano, não ter utilizado o terreno arrendado para nele secar bacalhau ou exercer qualquer outra actividade conexa com essa, confere ao locador o direito à resolução do contrato, nos termos do artigo 64 n. 1 alínea h) do RAU90. IV - Não constitui caso de força maior, para efeitos da parte final da alínea h) do artigo 64 n. 1 do RAU90, ter tido a arrendatária necessidade de largar mão da propriedade e posse de terreno confinante com o arrendado, por onde sempre tivera acesso a este, mesmo que tal necessidade surgisse na sequência de empréstimos bancários contraídos por ela para fazer face aos altos custos da armação de...
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