Acórdão nº 96B966 de Supremo Tribunal de Justiça (Portugal), 28 de Maio de 1997 (caso NULL)
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 28 de Maio de 1997 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: R ALARCÃO IN SOBRE A TRANSFERÊNCIA DA POSIÇÃO DE ARRENDATÁRIO NO CASO DE TRESPASSE PAG20. O CARVALHO IN RLJ ANO115 PAG167.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU90 ART64 N1 F. CCIV66 ART1118 N2. CCJ62 ART18 N2.
Sumário : I - As presunções "juris tantum" de inexistência de trespasse podem ser ilididas pela prova de que a qualificação de "trespasse" correspondeu à realidade do contrato, por efectivamente o bem transmitido ao trespassário ter sido o próprio estabelecimento comercial ou fabril. II - A não transferência do estabelecimento...
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