Acórdão nº 9220259 de Court of Appeal of Porto (Portugal), 05 de Janeiro de 1993
Magistrado Responsável | PAZ DIAS |
Data da Resolução | 05 de Janeiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART1118 N1 ART1022 ART1032 ART1038 ART1043.
Sumário: I - Arrematando o direito ao trespasse e arrendamento dum estabelecimento instalado num prédio, o arrematante adquire, para além da titularidade do direito ao estabelecimento, a posição de arrendatário do mesmo prédio, em conformidade com o disposto no número 1 do artigo 1118 do Código Civil. II - O locatário, embora titular apenas de um direito de natureza obrigacional, tem o gozo exclusivo da coisa locada e incumbe-lhe os deveres da sua conservação, guarda e vigilância, como resulta, de entre outros, do disposto nos artigos 1022, 1032, 1038 e 1043, do Código Civil. III - Não pode fazer da coisa locada uma utilização imprudente e é obrigado a restituí-la no estado em que...
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