Acórdão nº 0408775 de Court of Appeal of Porto (Portugal), 22 de Março de 1990
Data | 22 Março 1990 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC ESP / PROC EXEC. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART271 N3 ART856 N1 ART902 ART986. CCIV66 ART435 N1 ART291 ART824 N2.
Sumário: I - As disposições do artigo 435, n. 1 do Código Civil e do artigo 271, n.3, primeira parte do Código de Processo Civil, aparentemente contraditórias, devem ser interpretadas, de modo a afastar-se essa contradição, no sentido de a primeira ter por base direitos sujeitos a registos, o que se não verifica em relação à segunda. II - Penhorado e arrematado o direito ao arrendamento e trespasse de estabelecimento instalado em local arrendado, na pendência de acção de despejo intentada contra o arrendatário, a resolução do contrato de arrendamento decretada pela sentença proferida nessa acção, é oponível àquele arrematante, por aplicação do disposto no citado artigo 271, n. 3, primeira parte. III - Não se opõe a essa conclusão o disposto no artigo 824, n. 2 do Código Civil, por ele não abranger o " direito de arrendamento transmitido " nem o direito à resolução contratual, bem como o disposto...
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