Acórdão nº 0060531 de Supremo Tribunal Administrativo (Portugal), 30 de Junho de 1992 (caso None)
Magistrado Responsável | JOAQUIM DIAS |
Data da Resolução | 30 de Junho de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: M TEIXEIRA SOUSA IN ACÇÃO DE DESPEJO PAG9.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART289 ART1118. CNOT67 ART89 K. DL 321-B/90 DE 1990/10/15 ART58 ART64 N1 F.
Sumário: I - No trespasse ocorre uma transferência definitiva e unitária do estabelecimento do trespassante para o trespassário. Assim, quando o direito ao arrendamento é um elemento do estabelecimento, o trespassário adquire a posição do inquilino, sucede nos direitos e nas obrigações próprias do arrendatário. E tal transmissão é consentida na lei actual (artigo 115 do Regulamento do Arrendamento Urbano) como já o era na lei anterior (artigo 1118 do Código Civil). II - Contudo, para que o trespasse produza os seus efeitos normais, exige-se que se trate de contrato válido, pois um contrato inválido não produz os efeitos que devia produzir (artigo 289, do Código Civil). III - Por isso, sendo o trespasse nulo, o trespassário não sucede na situação jurídica do trespassante, não adquire os direitos de que este era titular nem lhe sucede nas respectivas obrigações. A posição de arrendatário não...
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