Acórdão nº 9620998 de Court of Appeal of Porto (Portugal), 18 de Março de 1997
Magistrado Responsável | CANDIDO DE LEMOS |
Data da Resolução | 18 de Março de 1997 |
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 ART334 ART236 N1 ART1092 ART1043. RAU90 ART4 N1.
Jurisprudência Nacional: AC STJ DE 1972/03/03 IN BMJ N215 PAG216. AC RL DE 1976/11/10 IN BMJ N263 PAG289.
Sumário: I - Ofende os princípios da boa-fé, integrando o abuso do direito, a actuação do senhorio ao pretender excluir do contrato do arrendamento do rés-do-chão de um prédio urbano a utilização pelo arrendatário do logradouro do prédio, se, desde o início do contrato este, o fez sem qualquer oposição do senhorio que só com a propositura da acção levantou tal questão. II - Integrado num prédio urbano o respectivo logradouro, é lícito o recurso à prova testemunhal para averiguar se, no contrato de arrendamento comercial, titulado por escritura pública, onde se referiu apenas o rés-do-chão do prédio urbano, se quis englobar o logradouro do prédio, cuja menção foi omitida na escritura, quer na descrição do prédio quer na do objecto do arrendamento, verificada a situação referida em I. deste sumário. III - Clausulado no contrato de arrendamento que o...
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