Acórdão nº 082490 de Supremo Tribunal de Justiça (Portugal), 16 de Junho de 1992 (caso NULL)
| Magistrado Responsável | MARTINS DA FONSECA |
| Data da Resolução | 16 de Junho de 1992 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT A REIS RLJ ANO87 PAG161 E ANOT VV PAG159.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART824. CPC67 ART96 ART97 ART660 N2 ART661 ART664 ART668 N1 D E ART680 N2 ART722 N2 ART909 ART910 ART1033 ART1039.
Jurisprudência Nacional: AC STJ DE 1988/07/05 IN BMJ N379 PAG583. AC RE DE 1986/01/23 IN CJ ANOXI TI PAG227. AC RL DE 1970/02/20 IN JR ANO16 PAG63.
Sumário : I - Não obstante a penhora do estabelecimento comercial (do direito de trespasse e arrendamento), em processo de execução, mantêm-se os direitos e obrigações do executado em relação ao contrato de arrendamento, pelo que nada impede que o senhorio e proprietário exerça, em acção própria (acção de despejo) o direito de resolução do respectivo...
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