Acórdão nº 073423 de Supremo Tribunal Administrativo (Portugal), 17 de Julho de 1986 (caso None)
Magistrado Responsável | GOIS PINHEIRO |
Data da Resolução | 17 de Julho de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART145 ART270 ART292 ART294 ART1029 N3 ART1051 N1 A B ART1083 N1 ART1095 ART1117 N1. D 5411 DE 1919/04/17 ART3.
Sumário : I - O principio da prorrogação obrigatoria do prazo contratual a favor do inquilino, consagrado no artigo 1095, do Codigo Civil, tem natureza imperativa, constituindo este preceito norma de ordem e interesse publico, que não pode ser afastada pela vontade das partes. II - Não obstante inexistir no Codigo vigente uma disposição como a do artigo 3 do Decreto n. 5411, de 17 de Abril de 1919, deve atender-se que o actual regime, semelhante, determina a nulidade das clausulas que contrariem ou inutilizem as garantias concedidas aos senhorios, arrendatarios e sublocatarios. III - E nula a clausula constante de um contrato de arrendamento, de valor comercial, por via da qual o arrendatario assume o compromisso de deixar livre o local arrendado logo que o predio seja vendido. IV - A nulidade não afecta, porem, o conteudo do contrato, impondo tão-so a amputação da clausula, de acordo com o artigo 292 do Codigo Civil, mesmo que a vontade real ou hipotetica do outorgante senhorio tenha sido no sentido de somente contratar no preciso condicionalismo da declaração, sendo a redução determinada pela necessidade de se alcançarem plenamente as finalidades...
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