Acórdão nº 074325 de Supremo Tribunal de Justiça (Portugal), 21 de Julho de 1987
Magistrado Responsável | DOMINGOS GONÇALVES |
Data da Resolução | 21 de Julho de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1022 ART1029 ART1089 ART1095 ART1112.
Sumário : I - A qualificação juridica de um contrato faz-se pelos seus elementos constitutivos, e não pela designação que os outorgantes lhes dão. II - Tendo sido cedido por certo prazo e mediante retribuição fixada em escudos, o gozo de um predio urbano ja mobilado, com vista a instalação de estabelecimento hoteleiro, estão reunidos os elementos constitutivos de um contrato misto de arrendamento e aluguer, a tratar como arrendamento, por ser claramente o predominante, e não um contrato de cessão de exploração ou locação de estabelecimento, porque o que se cedeu não foi um estabelecimento, mas...
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