Acórdão nº 9110622 de Court of Appeal of Porto (Portugal), 24 de Fevereiro de 1992
Magistrado Responsável | MIRANDA GUSMÃO |
Data da Resolução | 24 de Fevereiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART264 ART456 N2 ART659 N3. CCIV66 ART334 ART790 ART1093 N1 H.
Sumário: I - O direito de resolução do contrato de arrendamento para comércio, indústria ou exercício de profissão liberal tem como um dos seus fundamentos, o facto de o arrendatário conservar encerrado o arrendado por mais de um ano, consecutivamente. II - Tal direito de resolução não chega a constituir-se ( surgir ), no caso de tal violação se verificar em resultado de caso de força maior. III - Constitui caso de força maior, impeditivo do direito de resolução, o facto de o arrendatário não ter completado obras imprescindíveis ao exercício da sua indústria e comércio de confecções, autorizadas pelo senhorio, por este não só ter embargado as obras iniciadas mas também ter intentado acção de reivindicação sobre o arrendado; e se a impossibilidade de exercício da indústria decorria à data da propositura da acção, mas, entretanto, se tiver...
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