Acórdão nº 0054621 de Court of Appeal of Lisbon (Portugal), 12 de Maio de 1992
| Magistrado Responsável | DINIZ NUNES |
| Data da Resolução | 12 de Maio de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART394 N1. CPC67 ART510 N1 C. RAU90 ART64 N1 E.
Sumário: I - Constando do documento particular assinado por ambos os contraentes que o arrendado tem como fim exclusivo a habitação do arrendatário e tendo sido reconhecida a sua autoria, não pode o réu locatário pretender provar por testemunhas que o fim do contrato era comercial. II - Com efeito, a invocação do fim comercial é convenção contrária ao conteúdo do documento pelo que nunca o réu podia fazer prova testemunhal por a tanto obstar o disposto no art. 394, n. 1 do CC. III - Contendo o processo todos os elementos...
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