Acórdão nº 0010046 de Court of Appeal of Lisbon (Portugal), 25 de Janeiro de 1990
| Magistrado Responsável | ALMEIDA VALADAS |
| Data da Resolução | 25 de Janeiro de 1990 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1038 F ART1085 N1 N2 ART1118 N1.
Jurisprudência Nacional: AC RE DE 1984/06/07 IN CJ ANOIX T3 PAG330.
Sumário: I - A razão por que a lei isenta o inquilino trespassante de autorização do senhorio para o trespasse é a de facilitar ou não impedir o normal desenvolvimento da vida comercial, não pondo entraves à circulação da empresa, presumivelmente para bem desta. II - No trespasse, o trespassante demite-se definitivamente da posição de locatário, ficando o trespassário a ocupar a posição daquele na relação locatícia. III - Pelo contrário, na cessão ou locação de estabelecimento...
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