Acórdão nº 064228 de Supremo Tribunal Administrativo (Portugal), 30 de Junho de 1972 (caso None)
Magistrado Responsável | JOÃO MOURA |
Data da Resolução | 30 de Junho de 1972 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: VAZ SERRA IN UNIÃO DE CONTRATOS E CONTRATOS MISTOS BMJ N91 PAG119 SEPARATA. A VARELA IN DAS OBRIGAÇÕES EM GERAL PAG200.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART9 N2 ART405 N2 ART1028 N3. CPC67 ART753 N1. D 43525 DE 1961/03/07 ART3 ART6 PAR4. CPC876 ART1052.
Jurisprudência Nacional: AC STJ DE 1958/10/31 IN BMJ N80 PAG396.
Sumário : I - No Ultramar, nos termos do artigo 3 do Decreto n. 43525, o contrato de cessão de exploração de estabelecimento comercial ou industrial, quando inclua a locação de um imobiliario, e havido como de arrendamento, desde que o predio, os moveis e os utensilios constituam uma unidade economica. II - Nesse contrato, de harmonia com o paragrafo 4 do artigo 6 do citado diploma, da-se a subordinação reciproca dos fins contratuais, sendo aplicavel a toda a unidade, em principio, o regime proprio do contrato dominante. III - A caducidade das prestações correspondente ao contrato misto e regulada pelo seguinte principio: se uma das prestações for principal e as outras subordinadas, a caducidade daquela prevalece sobre as demais; se existirem varias prestações principais, ou todas elas o forem, aplica-se a...
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