Acórdão nº 98A633 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1998
| Magistrado Responsável | MACHADO SOARES |
| Data da Resolução | 30 de Junho de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU90 ART111. CCIV66 ART399 ART570 ART880 ART942 ART1085.
Jurisprudência Nacional: AC STJ DE 1988/01/26 IN BMJ N373 PAG483. AC STJ DE 1988/04/19 IN TJ N43 PAG40. AC RP DE 1983/11/24 IN CJ T5 PAG215 Sumário : I - O traço essencial que distingue a cessão de exploração de estabelecimento comercial do contrato de arrendamento reside no diferente objecto visado por um e outro desses negócios: "naquele transmite-se globalmente a exploração de um estabelecimento; neste apenas se proporciona o gozo de uma coisa imóvel". Característica essencial daquele contrato não é, portanto a cedência da fruição do imóvel, nem o gozo do mobiliário ou do recheio que nele se encontre, como acontece com o arrendamento, mas sim a cedência temporária e onerosa do estabelecimento como um todo. II -...
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