Acórdão nº 0069172 de Court of Appeal of Lisbon (Portugal), 18 de Março de 1993
| Magistrado Responsável | FERREIRA MESQUITA |
| Data da Resolução | 18 de Março de 1993 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: ISIDRO MATOS IN ARRENDAMENTO E ALUGUER PAG176 PAG312.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART334 ART802 N2 ART1038 F G ART1049 ART1093 N1 B F ART1118. L 1662 DE 1924/09/04 ART5 B PAR7. CPC67 ART684 N3 ART690 N1.
Jurisprudência Nacional: AC STJ DE 1982/12/02 IN BMJ N322 PAG315. AC RL DE 1970/10/21 IN BMJ N200 PAG284. AC RL DE 1974/11/20 IN BMJ N241 PAG340. AC RP DE 1978/02/02 IN BMJ N276 PAG318.
Sumário: A transferência de um estabelecimento por efeito de um contrato-promessa de trespasse integra uma sublocação ou cedência de posição contratual que, não sendo autorizada pelo senhorio, constitui fundamento de despejo, não obstante, posteriormente, vir a ser realizada a escritura de trespasse. Só pode considerar-se...
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