Acórdão nº 079778 de Supremo Tribunal de Justiça (Portugal), 24 de Abril de 1991
| Magistrado Responsável | FIGUEIREDO DE SOUSA |
| Data da Resolução | 24 de Abril de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CPC67 ART271 N3 ART274 N2 A ART376 ART729. CCIV66 ART579 N3 ART820 ART1093 N1 A ART1118.
Sumário : I - O arrendamento de estabelecimento comercial não e transmissivel isoladamente, salvo convenção ou acordo das partes em contrario. II - O trespasse implica a transferencia do estabelecimento, ou seja, do conjunto das instalações, utensilios, mercadorias, ou outros elementos que integram o estabelecimento. III - Segundo o artigo 820 do Codigo Civil a extinção do credito penhorado por causa dependente da vontade do executado ou do seu devedor verificado depois da penhora, e ineficaz em relação ao exequente. IV - A expressão "verificada", não pode deixar de significar "ocorrida", pois não faria qualquer sentido que a lei quisesse reportar-se a outro momento que não o da ocorrencia da causa de resolução, nomeadamente ao da temporalmente incerta verificação judicial, constatação...
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