Acórdão nº 9140844 de Court of Appeal of Porto (Portugal), 13 de Julho de 1992
Magistrado Responsável | SIMÕES FREIRE |
Data da Resolução | 13 de Julho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC INVENT. DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART820 ART1038 A. CPC67 ART863.
Jurisprudência Nacional: AC STJ DE 1981/02/03 IN BMJ N304 PAG348. AC STJ DE 1984/11/20 IN BMJ N341 PAG434.
Sumário: I - O conteúdo da penhora do arrendamento e trespasse de estabelecimento comercial é o próprio estabelecimento, em que se inclui o direito ao respectivo arrendamento, como elemento da universalidade penhorada. II - A notificação de tal penhora ao senhorio é um acto judicial que se destina a dar-lhe conhecimento desse facto, por lhe interessar saber, designadamente, quem lhe deve pagar as rendas. III - O arrendatário, depositário e eventualmente o credor- -exequente deverão diligenciar para que não haja violação da obrigação de pagar as rendas ( cf. artigo 1038, alínea a), do Código Civil ) e, assim, o arrendamento se mantenha. IV - Não sendo pagas as rendas, nomeadamente pelo...
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