Acórdão nº 076993 de Supremo Tribunal Administrativo (Portugal), 28 de Fevereiro de 1991 (caso None)
Magistrado Responsável | BALTAZAR COELHO |
Data da Resolução | 28 de Fevereiro de 1991 |
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 ART216 ART1028 ART1036 ART1056 ART1084 ART1273 ART1682 A. CPC67 ART18 ART19 ART26 ART28 ART29 ART201 N1 N2 ART205 ART456 N1 N2 ART459 ART506 N2 N3 N4 ART507 ART508 N2 N3 ART551 N1 ART653 N2 N4 N6 ART668 N1 B C D ART672. L 76/77 DE 1977/09/29 ART15 N1 ART18 ART22 N1 F N2 ART25 ART35 E. CONST82 ART5 ART65. DL 293/77 DE 1977/07/20 ART2 ART4 ART7. DL 387-B/87 DE 1987/12/29 ART54 N1 N2.
Jurisprudência Nacional: AC STJ DE 1985/12/05 IN BMJ N352 PAG306. AC STJ PROC79725 DE 1990/12/13. AC STJ DE 1985/07/18 IN BMJ N349 PAG490.
Sumário : I - Na acção de resolução e ou de denuncia de um contrato de arrendamento rural são, em principio, partes legitimas, os que ocupam as posições de inquilino e de senhorio. II - Admitido liminarmente um articulado superveniente, se a parte contraria impugnar a superveniencia, cabe ao apresentante do articulado o onus da prova da superveniencia. III - Na hipotese referida no numero anterior, se o Juiz, sem fazer produzir prova e sem decidir da superveniencia e dedução atempada do articulado, adicionar o questionario com os novos factos alegados, comete nulidade de processo, a arguir no tribunal em que foi cometida, nos termos dos artigos 201 e 205 do Codigo de Processo Civil. IV - O agravo referido na parte final do n. 4 do artigo 506 d...
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