Acórdão nº 9621396 de Court of Appeal of Porto (Portugal), 01 de Abril de 1997
Magistrado Responsável | DURVAL MORAIS |
Data da Resolução | 01 de Abril de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART908 ART909. RAU90 ART115 N1 N3. CCIV66 ART1038 G.
Sumário: I - No processo de execução em que foi penhorado o direito ao trespasse e arrendamento de certo estabelecimento que o executado adquiriu por trespasse a circunstância de não ter sido junta a escritura pública de trespasse não permite concluir que essa escritura não foi efectuada. II - Havendo trespasse é permitida a transmissão, por acto entre vivos, da posição de arrendatário, sem dependência da autorização do senhorio. III - Em caso de trespasse, sempre que o estabelecimento esteja instalado em prédio alheio...
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