Acórdão nº 572/03.8TCFUN.L1-7 de Court of Appeal of Lisbon (Portugal), 01 de Novembro de 2009
| Magistrado Responsável | GRAÇA AMARAL |
| Data da Resolução | 01 de Novembro de 2009 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMADA Sumário: I - A “locação de estabelecimento”constitui um contrato atípico, cujo traço característico é a cedência temporária e onerosa do estabelecimento como um todo.
II - Não pode ocorrer cessão de exploração de um estabelecimento comercial sem a preexistência desse estabelecimento.
III – Não desenvolvendo os autores nas fracções adquiridas qualquer actividade habitacional e comercial para fins turísticos, não se configura a existência de qualquer estabelecimento comercial.
III – Por isso, a realidade factual caracterizada pela cedência onerosa de fracção para exploração para fins turísticos no regime hoteleiro (os autores, enquanto proprietários de fracções autónomas mobiladas e adquiridas à ré, cederam-nas a fim desta as utilizar na...
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