Acórdão nº 070624 de Supremo Tribunal de Justiça (Portugal), 07 de Junho de 1983 (caso NULL)
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 07 de Junho de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR CONTRAT / DIR RESP CIV.
Legislação Nacional: CPC67 ART668 N1 D ART722 N2. CCIV66 ART483 ART562 ART563 ART564 ART798 ART1093 N1 B F G.
Sumário : I - Em acção de despejo, invocada pelo réu a caducidade do direito de accionar, não é possível decretar o despejo sem a prévia apreciação da excepção, pelo que enferma da nulidade da omissão da pronúncia a decisão que dela não conhece. II - Versa matéria de facto o acórdão da Relação que decide que os elementos fácticos contidos nos autos são insuficientes para resolver a questão da referida caducidade. III - O preceito do artigo 483 do Código Civil, que só à responsabilidade extracontratual diz respeito, não é aplicável ao caso da responsabilidade de natureza contratual, como a que resulta do incumprimento (ou cumprimento defeituoso) do que, em contrato...
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