Acórdão nº 076462 de Supremo Tribunal Administrativo (Portugal), 16 de Novembro de 1988 (caso None)
| Magistrado Responsável | ALCIDES DE ALMEIDA |
| Data da Resolução | 16 de Novembro de 1988 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART334 ART1028 ART1051 N1 D ART1111 N2 ART1113.
Sumário : I - Um contrato de arrendamento celebrado para habitação e comercio indistintamente e que, com o acordo do senhorio, veio ulteriormente a ter como fim principal, senão exclusivo, a instalação de um estabelecimento comercial, tem a natureza de arrendamento para comercio ou, pelo menos, esta sujeito ao regime deste. II - Mesmo que se entenda relativamente ao aludido contrato, que subsiste o fim subordinado de habitação, o regime aplicavel, por força da teoria da absorção, e o do arrendamento comercial. III - Consequentemente, tal arrendamento não caduca...
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