Acórdão nº 0407999 de Court of Appeal of Porto (Portugal), 22 de Fevereiro de 1990
Magistrado Responsável | AUGUSTO ALVES |
Data da Resolução | 22 de Fevereiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART820 ART1118 ART434 ART435 N1 ART824 N1 ART1031 A ART762 N1 ART1284 N1 ART483 ART424 ART595 N1 ART1038 A. CPC67 ART271.
Jurisprudência Nacional: AC RP DE 1986/03/15 IN CJ T4 ANOXI PAG219. AC RP DE 1982/04/13 IN CJ T2 ANOVII PAG292.
Sumário: I - A arrematação do direito ao arrendamento e trespasse de estabelecimento comercial ou industrial, em execução instaurada contra o arrendatário, traduz-se em transmissão ou cessão imperativa desse direito para o arrematante, sem necessidade de consenso do senhorio, não lhe sendo aplicável o disposto no artigo 820 do Código Civil. II - A posterior procedência de acção de despejo intentada pelo proprietário do prédio contra aquele arrendatário, com a consequente resolução do contrato de arrendamento e restituição do local ao senhorio, é ineficaz em relação ao referido arrematante, apesar de tal acção se encontrar pendente na data da penhora e de arrematação e de o arrematante haver sido notificado dessa pendência, no acto da arrematação. III - Aquela...
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