Acórdão nº 2016/05.1TVLSB.L1-7 de Court of Appeal of Lisbon (Portugal), 19 de Janeiro de 2010
Data | 19 Janeiro 2010 |
Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: ALTERADA A DECISÃO Sumário: I - O senhorio pode resolver o contrato de arrendamento se o arrendatário subarrendar ou emprestar, total ou parcialmente, o prédio arrendado, ou ceder a sua posição contratual, nos casos em que estes actos são ilícitos, inválidos por falta de forma ou ineficazes em relação ao senhorio, pretendendo-se obstar que, sem o consentimento de uma das partes, a outra se faça substituir por terceiro no concerne às obrigações assumidas, renunciando, parcial ou totalmente ao gozo da coisa locada.
II – Consignando-se no contrato no qual é dado de arrendamento ao Estado um prédio, que este se destina-se à instalação de serviços do Estado, salvo estabelecimentos de ensino, repartições de finanças e organismos assistenciais, não lhe podendo ser dado qualquer outro uso sem autorização expressa, por escrito, do senhorio, não se configura, que as partes, ao contratar, tiveram em vista, apenas, os serviços do Estado numa perspectiva restrita de serviços do Estado não autónomos, reportando-se tão só a um conceito de administração directa do Estado, excluindo quaisquer serviços do mesmo personalizados, numa formulação de administração indirecta.
III – Ressalta expressamente do acordado a exclusão, clara, de serviços públicos que pelas suas características importariam, presumivelmente, num maior desgaste do arrendado, face ao fluxo de utentes, serviços esses que podem, ou não, ser...
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