Acórdão nº 9450111 de Court of Appeal of Porto (Portugal), 12 de Janeiro de 1995
| Magistrado Responsável | ANDRE DOS SANTOS |
| Data da Resolução | 12 de Janeiro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: RAU90 ART9 N1. CCIV66 ART292 ART401 N1 N2.
Jurisprudência Nacional: AC STJ DE 1981/10/15 IN BMJ N300 PAG371.
Sumário: I - É legalmente impossível, e consequentemente nulo, o contrato-promessa que tenha por objecto a celebração de um contrato definitivo proibido por lei. II - Se a celebração da escritura de arrendamento das instalações de um estabelecimento comercial era elemento essencial do seu trespasse e um pressuposto necessário do respectivo contrato, e se não for possível, por imperativo legal ( designadamente em face do disposto no artigo 9, n. 1 do Regime do Arrendamento Urbano, aprovado pelo Decreto-Lei n. 321-B/90, de 15 de...
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