Acórdão nº 9430243 de Court of Appeal of Porto (Portugal), 10 de Outubro de 1994
| Magistrado Responsável | ABILIO VASCONCELOS |
| Data da Resolução | 10 de Outubro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1157 ART1180 ART1181 N1 ART1051 N1 C.
Sumário: I - Se o A., através de um denominado "contrato de garantia de rendimento" conferiu a determinada sociedade o poder de dar de arrendamento uma fracção predial, sua propriedade, nas condições e com as cláusulas que entender, agindo em nome próprio, o que acontece é que esta sociedade ficou constituída mandatária do A., por mandato sem representação. II - Nos termos do n. 1 do artigo 1181 do Código Civil o mandatário é obrigado a transferir para o mandante os direitos adquiridos em execução do mandato. III - Não caducam, antes se radicam directamente no mandante, os contratos de arrendamento celebrados pelo mandatário, se este denuncia "o contrato de garantia de rendimentos". IV - A...
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