Acórdão nº 065900 de Supremo Tribunal de Justiça (Portugal), 13 de Janeiro de 1976
Magistrado Responsável | RODRIGUES BASTOS |
Data da Resolução | 13 de Janeiro de 1976 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART655 N2 ART1085 ART1093 ART1095 ART1118 N2. CPC67 ART1160 N2.
Jurisprudência Nacional: AC STJ DE 1957/10/08 IN BMJ N70 PAG375. AC STJ DE 1961/06/06 IN BMJ N108 PAG412. AC STJ DE 1964/10/16. AC STJ DE 1973/06/01 IN BMJ N228 PAG186.
Sumário : I - O contrato de cessão de exploração de estabelecimento comercial, ou de locação de estabelecimento, é um negócio misto "sui generis", em que o que há de característico não é a cedência da fruição do imóvel, nem a do gozo do mobiliário ou do recheio que nele se encontra, mas a cedência temporária do estabelecimento como um todo, como uma universalidade, como uma unidade económica mais ou menos complexa. II - Assim, no contrato de cessão temporária de exploração de estabelecimento comercial ou industrial juntamente com a cedência da fruição do imóvel em que ele se encontra instalado, não há...
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