Acórdão nº 087485 de Supremo Tribunal de Justiça (Portugal), 28 de Março de 1996 (caso NULL)
Magistrado Responsável | FIGUEIREDO DE SOUSA |
Data da Resolução | 28 de Março de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA. NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / DIR PERS.
Legislação Nacional: CCIV66 ART280 ART292 ART334 ART335 ART349 ART351 ART483 ART487 ART496 ART490 ART497 ART563 ART762 ART798 ART1422 N2 C. CPC67 ART3 ART8 ART272 ART273.
Jurisprudência Nacional: AC STJ PROC77714 DE 1991/04/11. AC STJ PROC3434 DE 1992/10/14. AC STJ PROC3466 DE 1992/10/21. AC STJ PROC83008 DE 1993/02/16. AC STJ PROC83298 DE 1993/02/23. AC STJ PROC84351 DE 1994/01/20. AC STJ PROC84296 DE 1994/02/08. AC STJ PROC84970 DE 1994/05/26.
Sumário : I - Sendo a competência da Relação o conhecimento de facto e de direito, é-lhe lícito fazer uso de presunções judiciais - artigos 349 e 351 do Código Civil - incensuráveis pelo Supremo Tribunal de Justiça. II - O contrato de arrendamento celebrado entre os Réus António Figueiredo dos Santos e J. J. C. Neves, Lda., não é nulo nos termos do artigo 1422, n. 2, alínea c) do Código Civil, pois aquele não deu à sua propriedade com esse arrendamento uso não permitido pelo título constitutivo da propriedade horizontal, limitando-se a dar o local de arrendamento, o que não é proíbido. III - O uso proíbido exercido pelo arrendatário não pode por si só afectar o contrato de arrendamento, só o arrendatário poderia pedir a anulação com fundamento em eventual dolo ou erro relevante. IV - E relativamente à proibição do artigo 1420 do Código Civil, não é manifestamente...
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