Acórdão nº 077236 de Supremo Tribunal de Justiça (Portugal), 19 de Abril de 1989
| Magistrado Responsável | PINTO FERREIRA |
| Data da Resolução | 19 de Abril de 1989 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM. DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1022 ART1023 ART1029 N3 ART1085 N1 N2 ART1118 N1 N2 A B. CPC67 ART729 N1. CNOT67 ART89 K.
Sumário : I - Para que haja "trespasse" de um estabelecimento comercial, a exigir escritura pública, é necessário que a transmissão da respectiva fruição seja acompanhada da transferência em conjunto das instalações, utensílios, mercadorias e outros elementos que integram o estabelecimento e que o caracterizam como universidade de direito e complexo económico. II - A transferência da exploração de um estabelecimento, não acompanhada de todos esses elementos, em que o adquirente, dedicando-se embora à mesma actividade comercial, ficou pagando uma renda ao...
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