Acórdão nº 0015206 de Court of Appeal of Porto (Portugal), 27 de Janeiro de 1981
Magistrado Responsável | JOAQUIM GONÇALVES |
Data da Resolução | 27 de Janeiro de 1981 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: V SERRA IN RLJ ANO99 PAG258 ANO103 PAG15 ANO108 PAG335. V SERRA IN BMJ N112 PAG190. P LIMA-A VARELA IN COD CIV ANOT V1 PAG142 PAG258.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART221 N1 ART222 N2.
Sumário: I - No nosso direito, não está consagrado o princípio de que todo o negócio acessório ou modificativo de outro, submetido por lei a forma especial, tenha que seguir essa forma. II - Assim, o problema de saber se o contrato extintivo de um contrato de arrendamento, constante de documento, estará submetido por lei à forma deste é regulado nos artigos 221, n. 1, e 222, n. 2 do Código Civil. III - Tem-se entendido na nossa jurisprudência que, se as partes acordam em pôr termo ao contrato de arrendamento e, ao acordo, se seguiu a desocupação material do...
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