Acórdão nº 081529 de Supremo Tribunal Administrativo (Portugal), 09 de Junho de 1992 (caso None)
Magistrado Responsável | MARTINS DA FONSECA |
Data da Resolução | 09 de Junho de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART342 N1 ART410 N1 N2 ART1026 ART1085 N1. CPC67 ART474 C ART479 N2 ART511 ART664 ART668 N1 A B C D E. CNOT67 ART89 K.
Jurisprudência Nacional: AC RL DE 1985/12/10 IN CJ T5 ANOX PAG101.
Sumário : I - Contrato de cessão de exploração é aquele pelo qual alguém transfere temporária e onerosamente para outros, juntamente com a fruição do prédio, a exploração de um estabelecimento comercial ou industrial nele instalado (artigo 1085, n. 1, do Código Civil). II - Tratando-se de um contrato-promessa de cessão de exploração, à respectiva convenção são aplicáveis as disposições legais relativas ao contrato prometido, exceptuadas as relativas à forma (artigo 410, n. 1, do Código Civil). III - Segundo o princípio contido no artigo 664 do Código de Processo Civil, o juiz não está sujeito às alegações das regras de direito, como é a qualificação jurídica de um contrato, o seu enquadramento legal, que é função própria do julgador, desde que não haja alteração da causa de pedir. IV - De acordo com o estabelecido no artigo 1026 do Código Civil, quando não seja fixado prazo diferente, a duração de um contrato é igual à unidade de tempo a que corresponde a retribuição fixada, que era mensal. V - O contrato de locação de estabelecimento comercial está sujeito a escritura pública - artigo 89, alínea k) do Código do Notariado. VI - A promessa relativa à celebração de contrato para o qual a lei exige documento, só vale se constar de documento assinado pelos promitentes - artigo 410, n. 2 do Código Civil, na redacção anterior à actual. VII - O facto de o...
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