Acórdão nº 0023946 de Supremo Tribunal Administrativo (Portugal), 21 de Fevereiro de 1991 (caso None)
Magistrado Responsável | SILVA PAIXÃO |
Data da Resolução | 21 de Fevereiro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: G T IN BMJ N83 PAG148. P COELHO IN ARRENDAMENTO ANO1986 PAG177. JACINTO BASTOS IN DOS CONTRATOS EM ESPECIAL T2 PAG54.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: RAU90 ART3 N1 ART10. CPC67 ART19. L 35/81 DE 1981/08/27 ARTÚNICO. CCIV66 ART344 N1 ART350 N1 ART813 ART1039 N1 N2 ART1041 ART1042 ART1048 ART1086 N1 ART1092 N2 A ART1110 ART1112 ART1682-B.
Jurisprudência Nacional: AC RP DE 1971/11/05 IN BMJ N221 PAG329. AC RL DE 1989/02/02 IN CJ ANO1989 T1 PAG117. AC RE DE 1987/02/05 IN CJ ANO1987 T1 PAG296. AC RC DE 1981/05/05 IN BMJ N310 PAG339.
Sumário: I - Se do contrato de arrendamento celebrado resulta tão somente que o locado foi destinado a armazém, isso significa que o arrendado tem como fim "outra aplicação lícita do prédio". Para que o arrendamento se possa considerar comercial é necessária a existência de uma relação com a actividade comercial do arrendatário. II - Sendo aquele o fim do...
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