Acórdão nº 9250811 de Court of Appeal of Porto (Portugal), 19 de Abril de 1993
Magistrado Responsável | ANTERO RIBEIRO |
Data da Resolução | 19 de Abril de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC ESP. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART690 N1 ART979 ART676 N1 ART680 N1. CCIV66 ART1048 ART1041. RAU ART58.
Jurisprudência Nacional: AC STJ DE 1982/12/02 IN BMJ N322 PAG315. AC RP DE 1962/02/16 IN JR ANOVIII T1 PAG164. AC RL DE 1982/02/19 IN CJ ANOVII T1 PAG196. AC STJ DE 1976/06/29 IN BMJ N258 PAG220. AC STJ DE 1988/02/22 IN BMJ N374 PAG449.
Sumário: I - Por rendas vencidas na pendência da acção entendem-se todas as que vencerem após o recebimento da respectiva petição inicial na secretaria, isto é, com a entrada da petição em juízo, se o fundamento do despejo não for a falta de pagamento da renda. II - Quando for esse o fundamento da acção, essa expressão, atento o preceituado no artigo 1048 do Código Civil, abrange apenas as rendas que se venceram após o termo do prazo da contestação. III - Como prevenia o artigo 979 do Código de Processo Civil e ora prescreve o artigo 58 do Regime do Arrendamento Urbano, essas rendas devem ser...
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