Acórdão nº 0070091 de Court of Appeal of Lisbon (Portugal), 28 de Setembro de 1993
Magistrado Responsável | FERREIRA PASCOAL |
Data da Resolução | 28 de Setembro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART664. RAU90 ART64 N1 F B ART115 N2 B. CCIV66 ART1045 N1.
Sumário: I - Há cedência ilícita do local arrendado, que é causa de resolução do arrendamento e de despejo, no caso de o inquilino, para defraudar a lei e prejudicar o senhorio, em vez de celebrar com o adquirente do estabelecimento comercial instalado no arrendado um contrato de trespasse, que a lei não consentiria por haver mudança de ramo, proceder a cessão de quotas e mudança de gerência, para que tudo formalmente apresente correcção legal: é que a fraude à lei é proibida. II - Se, em acção de despejo, o autor conclui imperfeitamente que o réu destinou o prédio a fim diverso daquele a que se destina, em vez de concluir pela cedência a outrém do local arrendado, tal...
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