Acórdão nº 082873 de Supremo Tribunal Administrativo (Portugal), 25 de Fevereiro de 1993 (caso None)
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 25 de Fevereiro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART498 ART664 N2 ART729 N3. CCIV66 ART12 N2 ART342 N1 N2 ART1117 N1.
Jurisprudência Nacional: AC STJ DE 1983/06/16 IN BMJ N328 PAG546. AC STJ DE 1980/11/26 IN BMJ N301 PAG412. AC STJ DE 1980/04/10 IN BMJ N296 PAG263. AC STJ DE 1980/03/19 IN BMJ N295 PAG394. AC STJ DE 1987/05/05 IN BMJ N367 PAG493. AC STJ DE 1986/04/29 IN BMJ N356 PAG300. AC STJ DE 1985/12/17 IN BMJ N352 PAG352.
Sumário : I - A possibilidade de ordenar a ampliação da matéria de facto, a que se refere o n. 3 do artigo 729 do Código de Processo Civil, além de estar condicionada aos factos alegados pelas partes, tem como pressuposto que as instâncias deixaram de se pronunciar sobre factos que hajam sido alegados, ou que foram pouco diligentes no aprofundamento e explicação dos mesmos. II - Nas acções reais, a causa de pedir é o facto jurídico de que deriva o direito real. III - Os arrendatários que exerçam comércio ou indústria há mais de um ano no prédio sujeito a venda, tem direito de preferência na mesma, sucessivamente, e por ordem decrescente das rendas. IV - A definição de empresa comercial constante do Código Comercial não serve para delimitar o requisito do exercício do comércio de que o n. 1 do artigo 1117 do Código Civil faz depender o direito de preferência do arrendatário comercial. V -...
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