Acórdão nº 084906 de Supremo Tribunal de Justiça (Portugal), 05 de Maio de 1994
Magistrado Responsável | SAMPAIO DA SILVA |
Data da Resolução | 05 de Maio de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA RLJ ANO99 PÁG225. P LIMA RLJ ANO101 PÁG295. R ALARCÃO BMJ N84 PÁG337.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART236 N2 ART238 N1 ART393 N3 ART394 ART1093 N1 A F ART1118 N1 N2 A.
Sumário : I - Comportando a declaração negocial em contrato de arrendamento comercial - "O local arrendado destina-se a escritórios da sociedade inquilina", dois sentidos: um restrito, ligado à actividade editorial da arrendatária; outro, lato abrangendo eventuais mudanças na actividade social da inquilina, ambas com certa correspondência entre o sentido e o texto, importa precisar qual dos sentidos deve prevalecer. II - Tendo-se provado que "ao outorgarem o contrato de arrendamento, as partes, Autora e Ré, quiseram realmente que o arrendado fosse destinado apenas a escritório do ramo editorial", é o primeiro dos sentidos acima enunciado que tem de ser aceite, pois tal prova refere-se à própria claúsula negocial e não a qualquer outra convenção anterior, contemporânea ou posterior, pelo que não tem aplicação o artigo 394 do Código Civil. III - Depois, qual o...
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