Acórdão nº 9210158 de Court of Appeal of Porto (Portugal), 02 de Julho de 1992
Data | 02 Julho 1992 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA.
Indicações Eventuais: COM INTERESSE PARA O PONTO 1 DO SUMARIO V FERNANDO CARDOSO REFLEXÕES SOBRE O ESTABELECIMENTO COMERCIAL OU INDUSTRIAL PAG 52.
Área Temática: DIR CIV - TEORIA GERAL - DIR CONTRAT.
Legislação Nacional: CCIV66 ART239 ART342 ART762 N2 ART1022 ART1085. RAU ART1 ART111.
Sumário: I - Para haver um contrato de cessão ou locação de estabelecimento comercial e necessario que exista um estabelecimento, bastando para tal que o complexo da organização economica que lhe subjaz, se não estiver em actividade, esteja apta a entrar em funcionamento, quer a respectiva exploração não se tenha ainda iniciado nunca, quer esteja interrompida ou suspensa. II - Não exigindo o artigo 1022 do Codigo Civil, nem o artigo 1 do actual Regime de Arrendamento Urbano, que a renda seja certa e determinada, bastando que seja determinavel, e perfeitamente licita, no ambito do arrendamento de um predio onde funciona um aviario, a estipulação da renda em quantia determinada em relação a cada campanha avicola ( variando a duração das campanhas entre 60 e 80 dias ), uma vez que assim se estabelece um periodo de tempo facil e objectivamente determinavel. III - Se os arrendatarios, finda uma campanha avicola, não iniciaram outra, nem por isso ficam dispensados de pagar tal renda, interpretando-se...
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