Acórdão nº 064541 de Supremo Tribunal de Justiça (Portugal), 01 de Junho de 1973
Magistrado Responsável | JOÃO MOURA |
Data da Resolução | 01 de Junho de 1973 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: ORLANDO CARVALHO IN CRITERIO E ESTRUTURA DO ESTABELECIMENTO COMERCIAL PAG238.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART252 ART237 ART405 N2 ART1085 ART1095. D 5411 DE 1911/04/17 ART1.
Jurisprudência Nacional: AC STJ DE 1958/10/31 IN BMJ N80 PAG396. AC STJ DE 1949/05/10 IN BMJ N13 PAG231.
Sumário : I - A qualificação de um contrato, que não depende da designação usada pelas partes, e materia de direito, da competencia do Supremo Tribunal de Justiça. II - E de locação de estabelecimento (ou de concessão de exploração), e não de arrendamento, o contrato, celebrado por escritura publica, em que o dono de um estabelecimento comercial e do predio em que ele funcionava e continuou a funcionar, transfere para outrem, sem se demitir da propriedade do estabelecimento, o edificio e os moveis e utensilios ai existentes, mediante o pagamento de uma renda pelo imovel e outra pelos moveis, para ai ser exercido o comercio, que sempre nesse local foi praticado, de cafe, restaurante, pastelaria, cervejaria, venda de livros e artigos congeneres, incluindo o direito de organizar espectaculos ou bailes, não podendo ser-lhe dado outro destino sem consentimento previo do locador e não...
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