Acórdão nº 0050261 de Court of Appeal of Lisbon (Portugal), 26 de Novembro de 1991
| Magistrado Responsável | AFONSO DE MELO |
| Data da Resolução | 26 de Novembro de 1991 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1115 N2 ART1118 N2. CEXP76 ART36 N1 N3. RAU90 ART67 ART115 N2. CEXP91 ART29 N4.
Jurisprudência Nacional: AC RL DE 1989/02/23 IN CJ ANOXIV T1 PAG140. AC RC DE 1982/05/18 IN CJ ANOVII T3 PAG33. AC RC DE 1981/10/13 IN CJ ANOVI T4 PAG32.
Sumário: Caducando o contrato de arrendamento para comércio em consequência de expropriação, considera-se esta situação encargo autónomo para efeito de o arrendatário ser indemnizado. Há que atender, na fixação da indemnização, às despesas relativas à nova instalação e aos prejuízos resultantes do período de paralização da actividade, se necessário para a transferência, calculado nos termos gerais de direito. No cálculo da indemnização não é de atender às despesas com a compra de um prédio e da respectiva sisa, pois resultaria assim não a indemnização mas o avantajamento do expropriado. Tão pouco é de considerar o preço de um trespasse pois que, na expropriação, o arrendatário vai transferir para a nova...
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