Acórdão nº 9340990 de Court of Appeal of Porto (Portugal), 10 de Novembro de 1994
Magistrado Responsável | COELHO DA ROCHA |
Data da Resolução | 10 de Novembro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART980 ART1286 N1 N2 N3 ART334.
Jurisprudência Nacional: AC RE DE 1981/04/03 IN CJ T2 PAG250. AC RC DE 1977/07/01 IN CJ T4 PAG800.
Sumário: I - O ónus da impugnação especificada é satisfeito com a apresentação pelo impugnante de uma versão essencialmente diferente da da outra parte. II - Constituida uma sociedade irregular entre dois solicitadores, tendo por objecto o exercício de solicitadoria com lucros a distribuir a meias, verifica-se uma situação de composse entre ambos em relação às salas tomadas de arrendamento por um deles, no âmbito do acordo de sociedade, embora, no momento em que o facto é apreciado, aquele que tomou os locais de arrendamento não trabalhe já nas salas, ao contrário do outro. III - A ocupação por este do local arrendado é legítima em relação ao " sócio " que figura no contrato como arrendatário, mas integra um...
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