Acórdão nº 0047481 de Court of Appeal of Lisbon (Portugal), 10 de Dezembro de 1991
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 10 de Dezembro de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1036 ART1043 N1 ART1046 N1 ART1092 ART1093.
Jurisprudência Nacional: AC RP DE 1972/06/09 IN BMJ N219 PAG262. AC RL DE 1970/01/30 IN JR XVI PAG39. AC RE DE 1979/01/04 IN CJ 79 I PAG86. AC STJ DE 1977/03/31 IN BMJ N265 PAG229.
Sumário: I - Datando o arrendamento para comércio de 1921, sem que desde então o senhorio tenha feito obras de conservação no edifício do locado, e tratando-se de estabelecimento comercial de primeira qualidade/categoria - quer pelo que vende, quer pela clientela - aí montado numa das mais nobres e procuradas artérias de lisboa- -cidade (Rua do Ouro), à arrendatária não é dado não acompanhar os tempos, que é do global fenómeno de "marketing", que passa necessariamente pela existência de instalações materialmente aliciantes, funcionais e acolhedoras, o que só pode atingir-se modernizando física e materialmente a estrutura global da loja. II - Ainda, no escrito do contrato de arrendamento, para além daquilo que é minimamente indispensável para lhe dar existência e definição, não existe qualquer clausulado, positivo ou negativo, sobre obras no arrendado; segue-se, pois , que na matéria há-de observar-se o que consta do direito do inquilinato supletivo, em cada época de vigência de suas normas, e daí que, para a época relevante, encontramos as disposições dos arts. 1036, 1043 n. 1, 1046 n. 1, 1092 e 1093 do Código Civil, referentes à possibilidade legal de o locatário realizar obras no arrendado. III - Depois, há que considerar este envolutório que a autora sustenta: as obras traduziram-se em deteriorações consideráveis. Mas bem parece que assim não é, visto...
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