Acórdão nº 078912 de Supremo Tribunal Administrativo (Portugal), 03 de Abril de 1991 (caso None)
Data | 03 Abril 1991 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR REAIS / DIR OBG. DIR PROC CIV.
LegislaÁ„o Nacional: CPC67 ART653 N2 ART667 N1 ART712 N2. DL 328/81 DE 1981/12/04 ART3 N1 A. L 46/85 DE 1985/09/20 ART28. DL 321-B/90 DE 1990/10/15. DL 420/76 DE 1976/05/28.
JurisprudÍncia Nacional: AC STJ DE 1954/03/12 IN BMJ N42 PAG193. AC STJ DE 1958/06/06 IN BMJ N78 PAG315. AC STJ DE 1962/02/23 IN BMJ N114 PAG421. AC STJ DE 1977/01/20 IN BMJ N263 PAG210. AC STJ DE 1981/03/19 IN BMJ N305 PAG230. AC STJ DE 1980/10/02 IN BMJ N360 PAG514. ASS STJ DE 1984/10/16 IN BMJ N240 PAG151.
Sum·rio : I - Ha erro meramente material, rectificavel nos termos do artigo 667 do Codigo de Processo Civil, quando se escreve coisa diversa do que se quis escrever, quando o teor da decis„o n„o coincide com o que se tinha em mente escrever, quando seja manifesto que as palavras trairam a intenÁ„o do julgador ou que este, por lapso, disse coisa diversa do que tinha em mente. II - Tendo o arrendatario falecido em 1984 e, portanto, em plena vigencia do Decreto-Lei n. 328/81 de 4 de Dezembro, e encontrando-se na situaÁ„o prevista no seu artigo 3 n. 1 alinea c) a pessoa que com ele vivia em economia comum, nasce para esta o direito a novo arrendamento sobre o respectivo andar, direito que a posterior entrada em vigor da Lei n....
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