Acórdão nº 9340301 de Court of Appeal of Porto (Portugal), 28 de Junho de 1993
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 28 de Junho de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART990 ART804. L 2088 DE 1957/06/03 ART17. RAU ART72 N2 ART69 N1 B.
Sumário: I - O artigo 990 do Código de Processo Civil, foi revogado pelo Decreto Preambular do Regime do Arrendamento Urbano (artigo 3, nº 1 alínea b)); todavia, continua a ser aplicável, porquanto não existe neste último Diploma legal uma norma correspondente a esse artigo 990 para o caso de denúncia do contrato de arrendamento para aumento da capacidade do prédio (artigo 72, nº 2 do Regime do Arrendamento Urbano, na parte referente à não realização de obra, refere-se ao disposto no artigo 69, nº 1, alínea b) parte final). II - Se bem que o artigo 990 deixou de vigorar, tudo se passa como se o artigo 17 da Lei nº 2088 o tivesse integrado no seu conteúdo, para que vigorasse para o efeito da reocupação do prédio despejado, nos termos desse artigo 17, conjugado com o artigo 14, segunda parte da citada Lei. III - É aplicável o incidente previsto no artigo 804 do Código de Processo Civil, para o caso de se pretender averiguar se foi ou não preenchida a condição do início de obras que...
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