Acórdão nº 087118 de Supremo Tribunal de Justiça (Portugal), 31 de Outubro de 1995 (caso NULL)
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 31 de Outubro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR REAIS.
Legislação Nacional: CPC69 ART481 ART663 N1 ART673 ART680 ART682. CCIV66 ART12 N2 ART1311. DL 385/88 DE 1988/10/25 ART3 N1 N3 N4 ART36 N1 N3 N4. L 2114 DE 1962/06/16. DL 201/75 DE 1975/04/15 ART2. L 76/77 DE 1977/09/29 ART3 ART49. L 76/79 DE 1979/12/03.
Sumário : I - Tendo o contrato de arrendamento rural sido celebrado na vigência da Lei 2114, de 16 de Junho de 1962, era válido mesmo se celebrado verbalmente. II - A mesma validade subsistia no Código Civil de 1966. III - Com o Decreto-Lei 201/75, de 15 de Abril, impunha-se a redução a escrito de todos os arrendamentos rurais. IV - A Lei 76/77, de 29 de Setembro, estabeleceu um plano escalonado de formalização escrita dos contratos (artigo 3), aplicável aos arrendamentos de pretérito (artigo 49). V - Entretanto, o artigo 2 da Lei 76/79, de 3 de Dezembro, revogou aquele artigo 49, ficando os arrendamentos por ele abrangidos isentos de obrigatoriedade de redução a escrito. VI - O Decreto-Lei 385/88, de 25 de Outubro, estabeleceu um novo regime de arrendamento rural com a obrigatoriedade de redução a escrito de todos os contratos, obrigatoriedade essa que o artigo 6 estendeu aos arrendamentos anteriores à sua vigência, mas só a partir de 1 de Julho de 1989, com as notificações à contraparte para suprir a sua recusa. VII - Esse regime novo não se aplica aos processos pendentes em que, à data da sua entrada em vigor, já tenham sido...
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