Acórdão nº 0012689 de Supremo Tribunal Administrativo (Portugal), 17 de Janeiro de 1978 (caso None)
| Magistrado Responsável | CAMPOS COSTA |
| Data da Resolução | 17 de Janeiro de 1978 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: A VARELA IN DAS OBRIGAÇÕES 2ED V2 PAG197 PAG352. F CORREIA IN LIÇÕES DE DIREITO COMERCIAL 1973 V1 PAG232.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1038 F ART425 ART859 ART1029 N3. CNOT67 ART89 K.
Jurisprudência Nacional: AC STJ DE 1971/10/22 IN BMJ N210 PAG122.
Sumário: I - Não há trespasse quando a transferência do gozo de imóvel não é acompanhada da transferência de qualquer estabelecimento comercial ou industrial. II - Traduz uma cessão gratuita da posição de locatário, e não uma sublocação, o acordo em que o senhorio autoriza a cedência a terceiros do gozo total do imóvel arrendado com o encargo de o terceiro lhe pagar directamente as rendas, desde que no acordo se estabelece expressamente que o arrendatário passe a desempenhar unicamente o papel de fiador do...
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