Acórdão nº 9120603 de Court of Appeal of Porto (Portugal), 23 de Março de 1992
Magistrado Responsável | ARAUJO CARNEIRO |
Data da Resolução | 23 de Março de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART256 ART393 ART394 ART1038 C G ART1049 ART1093 N1 B F ART1094 N2 ART1118 ART2080 ART2087 N1. RAU ART64 N1 I ART115 N1. L 24/89 DE 1989/08/01 ART2. DL 521-A/90 DE 1990/10/15 ART3 N3.
Jurisprudência Nacional: ASS STJ DE 1984/05/03 IN BMJ N337 PAG182. AC RP DE 1978/02/23 IN BMJ N276 PAG319.
Sumário: I - A própria lei considera que o incumprimento da obrigação imposta ao locatário pela alínea c) do artigo 1038 do Código Civil - "não aplicar a coisa a fim diverso daquele a que ela se destina" - assume tal gravidade que legitima o locador a quebrar o vínculo contratual. II - Para se poder concluir que o prédio arrendado está a ser usado para fim ou ramo de negócio diverso daquele a que se destina impõe-se, em primeiro lugar, que se determine com precisão, através da interpretação da declaração negocial, o fim ou ramo de comércio a que contratualmente o locado se destina. III - Se em resultado desta operação se concluir que no locado se continuam a transaccionar os artigos para cujo comércio, segundo a real vontade das partes, o arrendamento foi contratado, não se verifica a causa de resolução do contrato previsto no artigo 1093, nº 1, alínea b), do Código Civil, apesar de a expressão utilizada no contrato para designar aquele fim ou ramo de comércio objectivo e propriamente não abarque algum ou alguns dos artigos transaccionados. IV - A Lei nº 24/89, de 1 de Agosto, que veio dar nova redacção ao artigo 1094 do Código Civil, acrescentando-lhe um nº 2 que, divergindo da doutrina do Assento de 03/05/1984, estabelecia que o prazo de...
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