Acórdão nº 078043 de Supremo Tribunal de Justiça (Portugal), 31 de Outubro de 1989
Magistrado Responsável | ELISEU FIGUEIRA |
Data da Resolução | 31 de Outubro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR COM.
Legislação Nacional: CCIV66 ART1038 F G ART1093 N1 B F J ART1118 ART1277. CPC67 ART510 N1 C ART659.
Sumário : I - O trespasse tem por objecto um estabelecimento comercial ou industrial e so e valido se a transferencia abranger as instalações, utensilios, mercadorias ou outros elementos que integrem o estabelecimento e se destinar ao exercicio do mesmo ramo de comercio ou industria. II - A transferencia do estabelecimento, com as aludidas caracteristicas de trespasse, implica a transmissão do direito ao arrendamento do local onde aquele se situa, sem dependencia de autorização do senhorio. III - A actividade de "escritorio comercial" tanto pode constituir um estabelecimento comercial, objecto de trespasse, como ser um mero elemento de um estabelecimento que, por qualquer motivo, tenha de situar-se em local diferente daquele onde se concentram as mercadorias ou a actividade industrial. IV - E legal o trespasse parcial de um estabelecimento, mas...
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