Acórdão nº 078852 de Supremo Tribunal de Justiça (Portugal), 02 de Outubro de 1990 (caso NULL)
| Magistrado Responsável | BEÇA PEREIRA |
| Data da Resolução | 02 de Outubro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART204 ART205 ART262 N2 ART410 N2 ART830 N1 ART1682-A N1 ART1682-B ART1684 N2 ART1691 N1 D. CCOM888 ART15. CPC39 ART1565 N3. CPC67 ART712 N1. DL 363/77 DE 1977/09/02. DL 236/80 DE 1980/07/18 ART2. CNOT67 ART89 K.
Jurisprudência Nacional: AC STJ DE 1979/12/19 IN BMJ N292 PAG368. AC STJ DE 1983/03/24 IN BMJ N325 PAG570. AC STJ DE 1984/06/28 IN BMJ N338 PAG409. AC STJ DE 1985/03/21 IN BMJ N345 PAG408. AC STJ DE 1984/07/05 IN BMJ N339 PAG364. AC STJ DE 1985/11/08 IN BMJ N341 PAG388.
Sumário : I - O estabelecimento comercial e considerado como coisa movel. E, porem, equiparado aos imoveis, no que respeita as suas alienação, oneração ou locação. II - Quando um comerciante celebra contrato-promessa, no qual promete ceder a sua posição contratual, relativamente a estabelecimento comercial, que tomara de trespasse, e actua no contrato preliminar isoladamente de sua mulher, e sem o consentimento...
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