Acórdão nº 080548 de Supremo Tribunal de Justiça (Portugal), 24 de Outubro de 1991 (caso NULL)
Magistrado Responsável | MOREIRA MATEUS |
Data da Resolução | 24 de Outubro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART342 N2 ART1111. DL 385/88 DE 1988/10/25 ART26 ART36. L 76/77 DE 1977/09/29 ART22. CRC78 ART5 ART261.
Sumário : I - Numa acção de reivindicação de prédio rústico proposta, segundo os padrões normais, na vigência da Lei n. 76/77, de 29 de Setembro, a referência, feita na petição inicial, de que o réu justifica a ocupação do prédio com o facto de ser neto de um casal já falecido, a quem o prédio estivera anteriormente arrendado, invocando tratar-se de arrendamento urbano, não significa que os autores tenham limitado, à partida, o exercício do seu direito, mas sim que pretenderam afastar a possível conclusão de que naquele parentesco se pudesse fundar a legitimidade da ocupação. II - Com efeito, qualificando eles o arrendamento como rural, e não permitindo a Lei n. 76/77, então em vigor, a transmissão do arrendamento por morte do arrendatário, é óbvio que, com a referência a tal parentesco, não podem os autores ter querido antecipar-se à arguição da correspondente excepção, limitando à partida o...
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