Acórdão nº 0088322 de Court of Appeal of Lisbon (Portugal), 09 de Junho de 1994
Magistrado Responsável | EDUARDO BAPTISTA |
Data da Resolução | 09 de Junho de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART603 I ART1033 ART1043. CCIV66 ART204 ART205 ART1028 N3 ART1037 N2 ART1085 N1 ART1276 ART1302 ART1303. CPI40 ART1 ART118 PAR3. DL 321-B/90 DE 1990/10/15 ART111 N1.
Jurisprudência Nacional: AC STJ DE 1988/01/26 IN BMJ N373 PAG483. AC RC DE 1981/04/24 IN CJ ANOVI T2 PAG204. AC STJ DE 1973/06/07 IN BMJ N228 PAG186. AC RC DE 1977/07/15 IN CJ ANOII T2 PAG812. AC STJ DE 1977/02/15 IN BMJ N264 PAG199. AC RE DE 1983/04/07 IN BMJ N328 PAG690. AC STJ DE 1985/07/18 IN BMJ N349 PAG471. AC RP DE 1987/04/28 IN CJ ANOXII T2 PAG237. AC RP DE 1990/02/01 IN CJ ANOXV T1 PAG238. AC STJ DE 1975/10/28 IN BMJ N250 PAG159.
Sumário: I - O contrato pelo qual uma pessoa cede a outra, temporária e remuneradamente, a exploração de um estabelecimento comercial deve ser considerado como um contrato de locação, a que são aplicáveis subsidiariamente o regime geral dos contratos de locação. II - Vários dos elementos imateriais, usualmente indicados como constitutivos do estabelecimento comercial (v.g., as marcas, modelos industriais, patentes, etc.), são...
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