Acórdão nº 9530183 de Court of Appeal of Porto (Portugal), 28 de Setembro de 1995
| Magistrado Responsável | SOUSA LEITE |
| Data da Resolução | 28 de Setembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO. AGRAVO.
Decisão: CONFIRMADA A SENTENÇA. NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART220 ART286 ART405 N1. RAU90 ART111 N1 ART113.
Sumário: I - O contrato de cessão de exploração de estabelecimento deve constar de escritura pública sob pena de nulidade da respectiva declaração negocial. II - Não constando de escritura pública, a resolução do contrato, por qualquer dos contraentes, é inócua dada a inexistência jurídica no negócio que se pretende fazer extinguir, uma vez que a formação do contrato constitui um " prius " relativamente à sua extinção. III - Ao contrato de cessão de...
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