Acórdão nº 0069662 de Court of Appeal of Lisbon (Portugal), 29 de Abril de 1993
| Magistrado Responsável | FERREIRA GIRÃO |
| Data da Resolução | 29 de Abril de 1993 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: F CORREIA IN REIV ESTAB COMERC COMO UNIDADE JURÍDICA IN ESTUDOS JURID PAG255. O CARVALHO IN RLJ ANO110 PAG102.
Área Temática: DIR CIV - DIR CONTRAT. DIR COM.
Legislação Nacional: CCIV66 ART280 ART342 N1 ART405 ART473 N2 ART1118 N2 B. DL 178/86 DE 1986/07/03 ART27 N2 ART33.
Jurisprudência Nacional: AC STJ DE 1989/11/01 IN BMJ N391 PAG538. AC RE DE 1980/03/13 IN CJ T2 ANOV PAG89.
Sumário: I - Estabelecimento comercial é o complexo de bens não só materiais, como imateriais, com valor económico, como o aviamento, em que se inclui a clientela e a organização. II - Só a impossibilidade originária, ou seja, só a que existe no momento da conclusão do negócio é que acarreta a nulidade deste. III - Assim, a falta de alvará não acarreta a nulidade do contrato-promessa de trespasse de estabelecimento comercial, pois pode ser colmatada até à outorga do contrato...
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