Acórdão nº 96B077 de Supremo Tribunal de Justiça (Portugal), 18 de Abril de 1996 (caso NULL)
Magistrado Responsável | COSTA SOARES |
Data da Resolução | 18 de Abril de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: P FURTADO ARR 2ED PAG482. R BASTOS NOTAS VOLIV 1984 PAG226.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1038 ART1041 N1 ART1045 ART1048 ART1949. RAU90 ART58 ART90. L 46/85 DE 1985/09/20 ART28. DL 321-B/90 DE 1990/10/15 ART1 ART2 N1 ART3 N1 A. CPC67 ART927 ART979.
Sumário : I - Ao incidente de despejo imediato com fundamento na falta de pagamento de rendas na pendência da acção aplica-se o artigo 58 do Regime do Arrendamento Urbano, nada tendo a ver com o artigo 1045 do Código Civil, sendo indiferente da causa de pedir invocada na acção. II - Este artigo 1045 pressupõe que o contrato esteja findo e haja atraso na restituição do locado. III - O artigo 58 do R.A.U. constitui em si mesmo uma nova causa de resolução do contrato para além da mencionada no artigo 1038 do Código Civil, que continua em vigor, que pode acrescentar-se aos outros casos de mora no pagamento das...
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