Acórdão nº 072877 de Supremo Tribunal de Justiça (Portugal), 05 de Dezembro de 1985
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 05 de Dezembro de 1985 |
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 ART1022 ART1023 ART1038 F G ART1049 ART1111 N2 N3 ART1180 ART1181 N1. L 2030 DE 1948/06/22 ART59 N1 ART65. DL 188/76 DE 1976/03/12 ART1.
Sumário : I - Ao contrario do que possa pensar-se apos uma leitura apressada da segunda parte do n. 1 do artigo 59 da Lei n. 2030, de 22 de Junho de 1948, o reconhecimento "a posteriori" do cessionario como verdadeiro inquilino não pode funcionar apenas como substitutivo da notificação a que se refere a sua primeira parte, antes a transcendendo no sentido de uma real consolidação da cessão realizada. II - O artigo 1094 do Codigo Civil traduz a consagração do principio de que o reconhecimento do cessionario como inquilino implica a consolidação da cessão (ou cedencia do locado), mesmo que esta não haja sido previamente autorizada. III - O outorgante do contrato de arrendamento que, figurando ostensivamente como arrendatario, actua por conta e no interesse de outrem (mandato sem representação) constitui-se no dever de transferir para o mandante os direitos adquiridos na execução do mandato. IV -...
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