Acórdão nº 9950380 de Court of Appeal of Porto (Portugal), 05 de Julho de 1999
| Magistrado Responsável | COUTO PEREIRA |
| Data da Resolução | 05 de Julho de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART665. RAU90 ART111.
Sumário: I - O artigo 665 do Código Civil - que tem carácter excepcional dentro do regime geral da fiança sendo portanto insusceptível de aplicação analógica - é privativo do contrato de locação, não podendo aplicar- -se ao de cessão de exploração de estabelecimento comercial. II - Não é havido como arrendamento de prédio urbano ou rústico o contrato pelo qual alguém transfere temporária e onerosamente para outrem, juntamente com o gozo do prédio, a exploração de um estabelecimento comercial ou industrial nele instalado. III - A fiança que, sob cláusula contratual, foi prestada em nome individual pelas próprias...
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