Acórdão nº 072419 de Supremo Tribunal de Justiça (Portugal), 05 de Março de 1985
Magistrado Responsável | CORTE REAL |
Data da Resolução | 05 de Março de 1985 |
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 ART1043 ART1092 ART1093 N1 D. CPC67 ART684 N2 N4. DL 49399 DE 1969/11/24 ART17 ART21 ART37.
Sumário : I - As instancias, interpretando e confrontando o conteudo da clausula 5 da alteração do contrato de arrendamento comercial, onde se especificam as obras autorizadas, com as levadas a efeito no arrendado, tiveram por não autorizadas as alterações em alicerces, supressão de um pilar de alvenaria, supressão de duas paredes resistentes, a eliminação de parte da parede da empena do lado direito, bem como parte da empena trazeira, substituição de paredes por vigas metalicas, rebaixamento do chão, para 70 cm da soleira da porta e ainda escavações e fundações que foram ate cerca de 2,20 m a 2,40 m, tendo, com estas obras o arrendado passado a constituir um unico salão , onde ate ai havia quatro divisões. II - Quanto a alteração substancial da estrutura externa do predio, foi decidido na 1 instancia não se verificar, não sendo objecto do recurso de apelação, pelo que a Relação não devia ter conhecido dessa materia por transitada em julgado - artigo 684, n. 2 e 4 do Codigo de Processo Civil, pois a Autora não recorreu. III - As obras acima, não autorizadas e não enquadradas na adaptação do arrendado a restaurante, snack-bar e dancing, que...
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