Acórdão nº 086821 de Supremo Tribunal de Justiça (Portugal), 14 de Dezembro de 1995
Magistrado Responsável | PEREIRA DA GRAÇA |
Data da Resolução | 14 de Dezembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU33 ART111. CCIV66 ART296 ART437 ART438 ART629 N2 ART801 N2 ART808 N1 ART837 - ART873. DL 49399 DE 1969/11/24 ART10. DRGU 14/78 DE 1978/05/12.
Sumário : I - A definição de cessão de exploração resulta do que "não é havido como arrendamento", ou seja, é o contrato pelo qual alguém transfere temporária e onerosamente, juntamente, com o gozo do prédio, a exploração de um estabelecimento comercial ou industrial nele instalado. II - A cessão de exploração distingue-se de outras figuras jurídicas, como o trespasse e o arrendamento, por importar a transferência temporária do estabelecimento juntamente com o gozo do prédio, nisto residindo a sua feição distintiva. III - A interpretação de um negócio jurídico é: matéria de facto quando se procura determinar o conteúdo da declaração de vontade, a realidade dessa vontade, que integra o negócio, através da investigação de eventos do mundo externo; matéria de direito se...
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