Acórdão nº 074268 de Supremo Tribunal de Justiça (Portugal), 12 de Fevereiro de 1987
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 12 de Fevereiro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT A VARELA RLJ ANO100 PAG270.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART220 ART258 ART268 ART286 ART1085 ART1311. CPC67 ART193 N1 N2 B ART204 N1 ART672. CNOT67 ART89 K.
Sumário : I - Não se tendo o Reu oposto a ampliação do pedido formulado pelo Autor na replica e aceite no despacho saneador que igualmente decidiu não haver nulidades, transitado em julgado, não pode o Reu levantar a questão da contradição do pedido e causa de pedir, em relação a essa ampliação. II - Tendo-se provado a cedencia da exploração do estabelecimento de cafe, vinhos e petiscos sito no res- -do-chão, barracão e logradouro do predio dos Autores, mediante contra-prestação mensal em dinheiro e não o gozo temporario de uma coisa imovel mediante retribuição, não ha um contrato de arrendamento comercial, mas apenas a cedencia da exploração do estabelecimento, pelo que os Reus não tem titulo legitimo para se opor a reivindicação dos Autores. III - Alem de que essa cedencia foi feita pelo sogro do...
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