Acórdão nº 98A159 de Supremo Tribunal de Justiça (Portugal), 13 de Outubro de 1998 (caso NULL)
Magistrado Responsável | ARMANDO LOURENÇO |
Data da Resolução | 13 de Outubro 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: CCIV66 ART220 ART286 ART1178 N1. CCIV867 ART1318. RAU90 ART7 N1 N3. L 2030 DE 1948/06/22 ART36 N1. DL 13/86 DE 1986/01/23 ART3 N1. CPC67 ART4 N2 A ART202 ART206 ART467 ART487 ART490 ART668 N3.
Sumário : I - Hoje, o contrato de arrendamento habitacional, se for celebrado verbalmente, é nulo, nos termos do artigo 7 n. 1 do RAU e dos artigos 220 e 286 do Código Civil, mas a exibição do recibo de renda supre a nulidade, convalidando o contrato. II - A procuração não é a única fonte de poderes representativos, uma vez que estes podem promanar, também, do mandato sem representação, como resulta do artigo 1178 n. 1 do actual Código Civil e já resultava do artigo 1318 do Código de Seabra. III - Na vigência do Código Civil actual, o mandato não está sujeito a forma escrita. IV - Provada a existência de arrendamento e a subsistência da ocupação da casa desde há 40 anos e provado que o autor, representado por...
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