Acórdão nº 079887 de Supremo Tribunal de Justiça (Portugal), 26 de Fevereiro de 1991
Data | 26 Fevereiro 1991 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1085 ART1112. D 14/78 DE 1978/05/12 ART4 N1 ART5 N1 N2 ART33 N1 N3 ART35 N2 N3 ART36 N3 ART37. DL 49399 DE 1969/11/24 ART64. CONST82 ART290 N2.
Jurisprudência Nacional: AC TC 313/85 IN DR IIS N85 1986/04/12. AC TC 201/86 IN DR IIS N195 1986/08/26. AC TC 261/86 IN DR IIS N274 1986/11/27. AC STJ DE 1985/07/18 IN BMJ N349 PAG441. AC STJ DE 1988/01/26 IN BMJ N373 PAG483.
Sumário : I - Para alem do arrendamento ou subarrendamento para o exercicio do comercio ou industria regulado no artigo 1112 do Codigo Civil e a locação do estabelecimento comercial colocado pelo artigo 1085 do mesmo Codigo fora da primeira categoria, podem existir, e existem, outras realidades conhecidas em Portugal (o caso dos centros comerciais e o dos chamados meios complementares de alojamento turistico). II - A cedencia de lojas integradas nos centros comerciais, mesmo quando são os logistas a instalarem os estabelecimentos, e um contrato atipico submetido a mais ampla liberdade contratual. III - O Decreto n. 14/78 estabeleceu tres modalidades de alojamento turistico: aldeamentos turisticos, apartamentos turisticos...
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