Acórdão nº 0309960 de Court of Appeal of Porto (Portugal), 29 de Maio de 1990
| Magistrado Responsável | TATO MARINHO |
| Data da Resolução | 29 de Maio de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: L 2030 DE 1948/06/22 ART69 B. CCIV66 ART1098 N1 B C ART1405 N1. CPC67 ART510 N5.
Jurisprudência Nacional: AC RE DE 1980/03/26 IN CJ T3 ANOV PAG14. AC RP DE 1983/11/08 IN CJ T5 ANOVIII PAG208.
Sumário: I - Não cabe recurso do despacho saneador que, por falta de elementos, relegue para a sentença o conhecimento de matéria de que cumpra conhecer. II - Porém, já é susceptível de recurso o despacho saneador que conheça e decide sobre qualquer questão. III - Assim, numa acção de despejo para denúncia do arrendamento cabe recurso do despacho saneador que expressamente conheceu do requisito do artigo 1098, número 1, alínea c) do Código Civil, decidindo que, em relação a cada locado apenas um comproprietário pode usar...
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