Acórdão nº 082153 de Supremo Tribunal de Justiça (Portugal), 29 de Setembro de 1992
| Magistrado Responsável | EDUARDO MARTINS |
| Data da Resolução | 29 de Setembro de 1992 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART712 N1 N2 ART722 N2 ART729 N3. CCIV66 ART342 ART1022 ART1037 N2 ART1253 C ART1276.
Jurisprudência Nacional: AC STJ DE 1984/02/08 IN BMJ N334 PAG267. AC RC DE 1979/10/23 IN CJ ANOIV T4 PAG1116.
Sumário : I - O contrato de arrendamento reveste natureza obrigacional pelo que o locatário é mero detentor e não um verdadeiro possuidor. II - O arrendatário pode usar contra o locador dos meios facultados ao verdadeiro possuidor. III - Provado pelo trespassário embargante que o estabelecimento comercial foi tomado de trespasse ao anterior arrendatário, mostra-se...
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