Acórdão nº 9450885 de Court of Appeal of Porto (Portugal), 27 de Março de 1995
| Magistrado Responsável | MARQUES PEIXOTO |
| Data da Resolução | 27 de Março de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU ART56 N1 ART69 N1 A ART81 A B. CPC67 ART784 N2 N3 ART201 N1 ART205 N1.
Jurisprudência Nacional: AC RL DE 1981/05/22 IN CJ T3 ANOVI PAG51. AC RP DE 1978/03/02 IN BMJ N277 PAG318.
Sumário: I - Intentada uma acção de despejo para denúncia de dois contratos de arrendamento para habitação do autor, a falta de contestação de um dos inquilinos regularmente citado e capaz tem o efeito previsto no artigo 784, números 2 e 3 do Código de Processo Civil, ou seja o da condenação no pedido. II - Não se tendo verificado tal condenação na fase da condensação ( saneador ), deve o juiz proferi-la na sentença final, mesmo que a acção seja aí julgada improcedente quanto ao inquilino que contestou e ainda que a...
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