Acórdão nº 0225143 de Court of Appeal of Porto (Portugal), 22 de Janeiro de 1991
Magistrado Responsável | ANTERO RIBEIRO |
Data da Resolução | 22 de Janeiro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART424 N1 ART1250 ART427. DL 349-B/82.
Sumário: I - A concessão por uma Câmara Municipal à E.D.P. da distribuição da energia eléctrica de baixa tensão ocorre por acto administrativo a que são alheios os utentes-consumidores, pelo que, podendo embora falar-se de cessão da posição contratual do fornecedor, à sua eficácia ou oponibilidade aos contratos anteriores à cessão não aproveitará o disposto na parte final nº 1 do artigo 424 do Código Civil. II - O utente-consumidor, que, antes de tal concessão, celebrara com a Câmara Municipal um contrato pelo qual cedera a esta por preço simbólico uns terrenos contra a obrigação da Câmara lhe fornecedor para sempre energia eléctrica gratuitamente, não pode opor à E.D.P. tal direito, embora esta pelo protocolo respectivo com a Câmara celebrado tivesse assumido todos os direitos e obrigações desta; em relação a contratos que depois da concessão...
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