Acórdão nº 067119 de Supremo Tribunal de Justiça (Portugal), 14 de Junho de 1978 (caso NULL)
Magistrado Responsável | CORTE REAL |
Data da Resolução | 14 de Junho de 1978 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1085 N1 N2 B ART1118 N2. CPC67 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1977/10/20 IN BMJ N270 PAG229.
Sumário : I - Trata-se de matéria de direito a qualificação jurídica dos contratos, mas para tal o S.T.J. tem de acatar não só os factos assentes pelas instâncias, como também as ilações tiradas em matéria de facto, sem alterar aqueles, mas antes neles baseadas, como seu lógico desenvolvimento. II - O C.CIV. - artigo 1085, n. 1 diz-nos não ser havido como arrendamento de prédio urbano o contrato pelo qual alguém transfere temporária e onerosamente para outrém, juntamente com a fruição do prédio, a exploração de um estabelecimento comercial ou industrial nele instalado. III - E como vem assente pelas instâncias, em...
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