Acórdão nº 9050884 de Court of Appeal of Porto (Portugal), 06 de Maio de 1991
Magistrado Responsável | SIMÕES FREIRE |
Data da Resolução | 06 de Maio de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A DECISãO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV. DIR ADM GER - DOM PUBL.
Legislação Nacional: CPC67 ART712 N1 B ART4 N2 ART1033. CCIV66 ART286 ART289 ART410 N1. DL 468/71 DE 1971/11/05 ART25 ART30 ART31.
Jurisprudência Nacional: AC RC DE 1972/07/07 IN BMJ N220 PAG214.
Sumário: I - Não podem ser alteradas com base na alinea b) do n. 1 do artigo 712 do Codigo de Processo Civil as respostas a quesitos dirigidos para o compromisso das partes em que, apesar de ainda não realizado o contrato de trespasse prometido, desde logo os promitentes trespassantes cederiam as instalações para os promitentes trespassarios ai passarem a exercer a actividade de bar e restaurante, dado que aos mesmos quesitos foram ouvidas testemunhas e não se ve que tenham sido provados por documentos juntos aos autos. II - E nulo o trespasse de um estabelecimento comercial instalado em terrenos do dominio publico maritimo, sem consentimento da autoridade que concedeu a licença para...
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