Acórdão nº 084743 de Supremo Tribunal de Justiça (Portugal), 13 de Abril de 1994 (caso NULL)
| Data | 13 Abril 1994 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: M ANDRADE TEOR GER OBG PAG63. F CORREIA REIV ESTAGEL COM PAG267. V SERRA RLJ ANO102 PAG222. R BASTOS OBG GER VOLV PAG187.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART334 ART342 ART436 ART652 N1 ART762 N2 ART808.
Sumário : I - O Autor, locador do seu estabelecimento comercial, perfeitamente conhecedor da fuga do locatário e de que os fiadores apenas o foram por contar com o casamento da filha com o locatário e que de tudo lhe deram conhecimento, apresentando-se para pagar os meses iniciais e pretendendo entregar a chave, como "pessoa séria e equânime", tinha o estrito dever de não se ater à letra do contrato, mas ao seu espírito, fazendo o que fosse razoável para evitar o prejuízo dos interesses dos fiadores, pois procedendo assim, conciliaria os interesses destes com os seus, passando-se a fruir o estabelecimento...
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