Acórdão nº 072991 de Supremo Tribunal Administrativo (Portugal), 07 de Novembro de 1985 (caso None)
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 07 de Novembro de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: GALVÃO TELES IN BMJ N83 PAG149.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG.
Legislação Nacional: CCIV66 ART9 ART804 ART1041 N1. D 5411 DE 1919/04/17 ART21 N1. L 1662 DE 1924/09/04 ART5. D 22661 DE 1933/06/13 ART2 PARÚNICO. CPC39 ART978. CPC61 ART973. L 2030 DE 1948/06/22 ART76 N1. CPC67 ART268 ART272 ART273 ART677 ART684 N2 N3.
Sumário : I - O pagamento da indemnização, como mera faculdade concedida ao inquilino, só é devida quando este na iminência da resolução do contrato, querendo mantê-lo, se decide pela liquidação da indemnização - artigo 1041, n. 1 do Código Civil - não sendo pois devida, se houver resolução do contrato por falta de pagamento de rendas. II - Não tendo os Autores chegado a propor a acção de despejo, mercê de acordo feito, mas resolvido o contrato de arrendamento, carecem do direito à indemnização, não prejudicando esta solução o disposto no artigo 1047 do Código Civil, pois o artigo 432, deste diploma, estabelece que é admitida a resolução do contrato fundada na lei ou em convenção, tendo os Autores e Réu convencionado, em virtude da falta de pagamento das rendas, terminar com o arrendamento. III - Não pode dar-se a convolação tendente a substituir...
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