Acórdão nº 0224421 de Court of Appeal of Porto (Portugal), 03 de Abril de 1990
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 03 de Abril de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART690 N1 ART615 ART201 ART205. DL 385/88 DE 1988/10/25 ART36 N3. L 76/79 DE 1979/12/03 ART3. CCIV66 ART1051 N1 D.
Jurisprudência Nacional: AC RP DE 1988/06/30 IN CJ T3 ANOXIII PAG243.
Sumário: I - Não é lícito ao recorrente abordar na parte conclusiva das suas alegações qualquer questão não suscitada na parte restante destas, nem aproveitar a parte conclusiva das alegações para repetir tudo o que nestas se disse. II - As conclusões são o remate lógico, a síntese das alegações, onde o recorrente deve fazer a "indicação dos fundamentos por que pede a alteração ou a anulação da decisão". III - O n.3 do artigo 36 do Decreto - Lei n. 385/88, de 25 de Outubro reservou a exigência da redução a escrito quanto aos contratos de arrendamento rural existentes à data da entrada em vigor desse diploma, a partir de 1 de Julho de 1989. IV - A caducidade não é produto de uma decisão judicial, pois, opera "ipso jure", pelo decurso do tempo ou pela verificação da ocorrência de que a lei faz derivar esse efeito. V - Para o efeito da verificação ou não da caducidade é irrelevante que, verificada ela, se celebre outro contrato semelhante entre as mesmas partes ou os seus...
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