Acórdão nº 078992 de Supremo Tribunal Administrativo (Portugal), 02 de Outubro de 1990 (caso None)
| Magistrado Responsável | LEITE MARREIROS |
| Data da Resolução | 02 de Outubro de 1990 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART217 N1 ART334 ART342 N2 ART1022 ART1023 ART1088.
Jurisprudência Nacional: AC STJ DE 1977/07/07 IN BMJ N269 PAG174.
Sumário : I - Sendo a locação um contrato, e indispensavel, para ser valido, que as partes se tenham manifestado de forma a poder concluir-se pela existencia de um mutuo consenso entre senhorio e inquilino. II - Esse mutuo consenso deve resultar de declarações negociais que podem fazer-se expressa ou tacitamente, conforme artigo 217, n. 1 do Codigo Civil. III - Os recibos passados em nome do arrendatario e pagos por um terceiro, a quem aquele cedeu o gozo de arrendamento, não podem levar a conclusão da...
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