Acórdão nº 9310243 de Court of Appeal of Porto (Portugal), 16 de Novembro de 1993
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 16 de Novembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O ACÓRDÃO CONTÉM ÚTEIS INDICAÇÕES DOUTRINAIS.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1038 F ART1039 F ART1093 N1 D ART1064 ART1083 N1 ART1732. RAU ART1 ART64 N1 D. CCOM888 ART108.
Jurisprudência Nacional: AC RP PROC9O50949 DE 1991/06/13.
Sumário: I - Relativamente ao arrendamento de prédios rústicos para fins industriais, não pode conceber-se a situação prevista na 1ª parte da alínea d) do nº 1 do artigo 1093 do Código Civil, "se fizer no prédio, sem consentimento do senhorio, obras que alterem substancialmente a sua estrutura externa ou a disposição interna da suas divisões". II - Ainda no caso de o contrato impor a proibição de "erigir construções" nos prédios rústicos arrendados para fins industriais, o facto do réu ter cimentado uma certa extensão daqueles não seria nunca de qualificar como "construção" para o efeito daquela proibição. III - Celebrado o contrato de arrendamento para fim...
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