Acórdão nº 0003291 de Court of Appeal of Lisbon (Portugal), 13 de Fevereiro de 1996
Data | 13 Fevereiro 1996 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART405 ART407 ART1037 ART1103 N2 ART1129 ART1279 ART1284. RAU90 ART46 N2. CPC67 ART393 ART394.
Sumário: I - O que é específico do comodato é o seu carácter de gratuitidade, já que nele não existe retribuição pelo uso da coisa. II - Sempre que seja convencionada uma determinada prestação destinada, de qualquer forma, a compensar a utilização da coisa como tal, ou desde que o comodante passe a receber uma retribuição pela cedência da coisa, dando ao contrato um carácter sinalagmático, de correspectividade de prestação, já o contrato não é gratuito, deixando de haver comodato. III - Não é de sublocação, nem de comodato, mas de contrato inominado, celebrado ao abrigo do princípio da liberdade contratual, aquele por via do qual o inquilino de um andar cedeu...
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