Acórdão nº 075282 de Supremo Tribunal Administrativo (Portugal), 08 de Novembro de 1988 (caso None)
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 08 de Novembro de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART414 ART416 ART417 ART418 ART420 ART1117 N1 N2. CPC67 ART271 N1 ART376 N1 B ART377 N1.
Sumário : I - De acordo com o disposto no artigo 1117, n. 1, do Codigo Civil, se o arrendatario exerce ha mais de um ano comercio no predio locado, tem o direito de preferir se este for vendido, pois o direito de preferencia compreende-se entre os direitos transmitidos, no caso de transmissão por venda judicial do direito ao arrendamento, não tendo caracter pessoal e não lhe sendo aplicavel a regra da intransmissibilidade prevista no artigo 420 do mesmo Codigo. II - O disposto no citado artigo 1117, n. 1, do Codigo Civil, não obsta a transmissão do direito de preferencia para o comprador do direito ao arrendamento, o qual assume a qualidade de arrendatario em toda a sua plenitude, com todos os direitos e obrigações do anterior titular do arrendamento, nada se...
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