Acórdão nº 5711/06.4TVLSB.L1-1 de Court of Appeal of Lisbon (Portugal), 02 de Março de 2010
Magistrado Responsável | JOÃO AVEIRO PEREIRA |
Data da Resolução | 02 de Março de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: PARCIAL PROCEDÊNCIA Sumário: I – Para haver responsabilidade pré-contratual é necessário que exista uma violação do princípio da boa fé, uma conduta desleal ou enganosa de uma das partes, lesiva do interesse contratual negativo da outra.
II – O facto de a sociedade gestora do centro comercial ter garantido à lojista que ali se instalariam lojas de grande procura, para atrair clientes, e depois tal não ter acontecido, não permite, por si só, concluir pela existência de ilicitude ou de má fé por parte daquela sociedade.
III – Para existir obrigação de resultado a cargo da sociedade exploradora do centro comercial de alcançar, em determinado prazo, um certo número de lojas abertas que em si fossem apelativas para os consumidores e que conduzissem à movimentação nas várias áreas do centro, teria tal comprometimento de ser assumido no contrato.
IV – Qualquer empreendimento deste género está sujeito a risco, como toda a actividade comercial ou empresarial, e a atracção de potenciais clientes não depende só da...
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