Acórdão nº 98B1020 de Supremo Tribunal de Justiça (Portugal), 15 de Dezembro de 1998 (caso NULL)
Magistrado Responsável | LUCIO TEIXEIRA |
Data da Resolução | 15 de Dezembro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR COM.
Jurisprudência Nacional: AC STJ PROC5/96 DE 1996/10/15 1SEC.
Sumário : I - Na definição do bloco dos elementos componentes do estabelecimento comercial e movidos pelo trespasse vigora o princípio "da livre composição ou livre formação do estabelecimento" objecto daquele. II - De entre os elementos nucleares do "estabelecimento" um grupo deles a que a doutrina chama de "lastro ostensivo" do estabelecimento comercial, compõe o "âmbito mínimo ou necessário" e situa-se no âmago da empresa como organização de factores produtivos e sem o qual aquele nem existe. III - Outros elementos do estabelecimento comercial são os que se inscrevem no seu "âmbito natural". IV - De entre os elementos nucleares do estabelecimento, o chamado "lastro ostensivo", outros há que igualmente integram o estabelecimento e transitam pelo trespasse entre esferas jurídicas contratantes, mas agora por imposição da lei. Constituem o chamado "âmbito imperativo" do estabelecimento comercial, onde se incluem os contratos de trabalho. V - Fora destes limites ao referido princípio da livre composição ou formação do...
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