Acórdão nº 0087932 de Court of Appeal of Lisbon (Portugal), 09 de Março de 1995
Magistrado Responsável | RUA DIAS |
Data da Resolução | 09 de Março de 1995 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: PROF GALVÃO TELLES E JANUÁRIO GOMES IN "O DIREITO" 123-IV 521. PROF OLIVEIRA ASCENSÃO - SEPARATA DO BMJ 407 FLS 28 E SEGUINTES.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART1022 ART1154.
Jurisprudência Nacional: AC RL DE 1991/01/17 IN CJ ANOXV T1 PAG123. AC RL DE 1992/03/22 IN CJ ANOXVII T4 PAG187. AC RL DE 1992/03/18 IN CJ ANOXVIII T2 PAG115. AC STJ DE 1994/04/26 IN RLJ ANO127 N3483 PAG174.
Sumário: I - A tese que qualifica de contrato atípico ou inominado é a que melhor se coaduna com a factualidade que está na génese dos contratos reguladores das relações comerciais entre os donos dos "Shopping Center" e os logistas que ali passam a exercer o seu comércio. II - É uma realidade nova que não pode ser encarada à luz das normas jurídicas...
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