Acórdão nº 9620489 de Court of Appeal of Porto (Portugal), 28 de Maio de 1996
Magistrado Responsável | CANDIDO DE LEMOS |
Data da Resolução | 28 de Maio de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: LAR88 ART3 N1 N3 N4 ART18 ART19 ART20 ART35 N5. CPC67 ART985 ART989 N1 A.
Jurisprudência Nacional: AC STJ DE 1988/06/30 IN BMJ N378 PAG697. AC STJ DE 1991/01/14 IN BMJ N411 PAG549. AC RP DE 1990/01/04 IN CJ T4 ANOXV PAG224. AC RP DE 1992/04/19 IN CJ T2 ANOXVII PAG235. AC RP DE 1992/04/30 IN CJ T2 ANOXVII PAG243. AC RC DE 1987/10/27 IN CJ T4 ANOXII PAG 90. AC RC DE 1993/05/04 IN CJ T3 ANOXVIII PAG32. AC RC DE 1995/01/31 IN CJ T1 ANOXX PAG40. AC RL DE 1978/01/31 IN CJ T1 ANOIII PAG16. AC RE DE 1992/02/06 IN CJ T1 ANOXVII PAG272.
Sumário: I - A consequência da falta de redução a escrito, após 1 de Julho de 1989, dos contratos de arrendamento rural de pretérito ( conforme artigo 3 n.1 do Decreto - Lei 385/88, de 25 de Outubro ) é a nulidade. II - Tal nulidade, porém, não é de conhecimento oficioso e só pode ser invocada pela parte que tenha usado da notificação a exigir a redução a escrito do contrato. III - A exigência contida no n.5 do mencionado Decreto - Lei (...
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