Acórdão nº 079512 de Supremo Tribunal de Justiça (Portugal), 28 de Maio de 1991 (caso NULL)
Data | 28 Maio 1991 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART722 N2. L 46/85 DE 1985/09/20 ART21 ART52 ART53. CCIV66 ART1031 ART1036 N1 N2.
Jurisprudência Nacional: AC STJ DE 1972/01/21 IN BMJ N213 PAG231.
Sumário : I - O erro na fixação dos factos materiais não pode ser objecto de recurso de revista nos termos do n. 2 do artigo 722 do Codigo de Processo Civil. II - Proposta a acção em Janeiro de 1985 e reportando-se a factos e efeitos anteriores a Lei n. 46/85, de 20 de Setembro, esta lei não e aplicavel ao caso dos autos não so pelo disposto nos artigos 52 e 53 dessa lei, mas tambem de acordo com o principio geral e universal de que a lei substantiva so dispõe para o futuro. III - Não estando em discussão que o locador e obrigado a fazer obras (artigo 1031 do Codigo Civil), a principal diferença entre o regime dos ns. 1 e 2 do artigo 1036 do Codigo Civil esta em que, no primeiro caso, se exige a mora do locador e, no segundo caso, não se exige tal mora, bastando que o locatario avise o senhorio face a urgencia das...
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