Acórdão nº 99A085 de Supremo Tribunal de Justiça (Portugal), 24 de Fevereiro de 1999 (caso NULL)
Magistrado Responsável | LEMOS TRIUNFANTE |
Data da Resolução | 24 de Fevereiro de 1999 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA IN RLJ 106 PAG315. A VARELA IN RLJ 116 PAG317. P COELHO IN RLJ 117 PAG95. A REIS IN ANO5 PAG453.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC95 ART274 ART664 ART722 N2 ART729. DL 385/88 DE 1988/10/25 ART14 ART15 ART36 N1. CCIV66 ART342 N1 ART473 ART754.
Jurisprudência Nacional: AC STJ DE 1991/01/24 IN BMJ N403 PAG364. AC STJ DE 1994/11/30 IN CJSTJ ANO1994 TIII PAG167.
Sumário : I - Aos contratos de arrendamento rural existentes à data da entrada em vigor do DL 385/88, de 25 de Outubro, aplica-se o regime nele prescrito, no âmbito do artigo 36, n. 1, desse diploma. II - No quadro dos artigos 14 e 15 desse DL 385/88, a indemnização por benfeitorias úteis, e traduzida por plantações rústicas, dependia do consentimento, por escrito, do senhorio, ou de autorização dos serviços do Ministério da Agricultura. III - Nesses contratos, cumpria aos arrendatários, no quadro do artigo 342, n. 1 do C.Civil, o ónus probatório, de todos os elementos necessários à prova de terem feito tais benfeitorias e, do seu...
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