Acórdão nº 069399 de Supremo Tribunal Administrativo (Portugal), 28 de Julho de 1981 (caso None)
Magistrado Responsável | VICTOR COELHO |
Data da Resolução | 28 de Julho de 1981 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART237 ART1037 ART1093 N1 B ART1276 ART1278 ART1279. CPC67 ART2 ART393 ART1033.
Sumário : I - O artigo 237 do Codigo Civil, ao determinar em que caso de duvida sobre o sentido da declaração prevalece, nos negocios onerosos, o que conduziu ao maior equilibrio das prestações, consagra um principio geral de direito. II - Quando o autor e re tem interesses paralelos, embora de sentidos dinamicos opostos - ambos pretendem por fim ao encerramento de um estabelecimento, mas enquanto aquele prossegue a via do despejo da re, esta procura ser colocada em condições de exercer a sua actividade na loja arrendada -, apresenta-se como conduzida ao maior equilibrio das prestações a pretensão da re em ver mantido o direito ao arrendamento que adquiriu, pois a resolução do contrato lesaria em medida não...
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