Acórdão nº 084070 de Supremo Tribunal de Justiça (Portugal), 08 de Junho de 1993 (caso NULL)
Magistrado Responsável | PEREIRA CARDIGOS |
Data da Resolução | 08 de Junho de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR CONTRAT / DIR FAM.
Legislação Nacional: CPC67 ART668 N1 C E ART715 ART722 N2 ART729 N2 ART748. CCIV66 ART388 ART389 ART1793 N2.
Sumário : I - Não poder concluir-se que existe contradições entre os fundamentos e a decisão somente porque o juiz fixou a renda em montante igual ao atribuido pelos peritos, apesar de ter decidido que da casa da morada da família faz parte o rés-do-chão do edifício, e não apenas as divisões por aqueles referidas, pois a diferença poderia não justificar a diferença pretendida. II - Uma coisa é a contradição entre os fundamentos e a decisão e outra a inadequação, insuficiência ou mediocridade da fundamentação. III - Dispondo o artigo 1793 n. 2 do Código Civil que o tribunal pode definir as condições de arrendamento, ouvidos os cônjuges, estes não têm que formular qualquer pedido, designadamente quanto ao montante da renda, mas...
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