Acórdão nº 076631 de Supremo Tribunal de Justiça (Portugal), 17 de Janeiro de 1989 (caso NULL)
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 17 de Janeiro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: MARIA PRAZERES BELEZA IN BMJ N364 PAG363.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1031 ART1038 F ART1311 N1 . CPC67 ART322 N3.
Sumário : I - Em execução do contrato de arrendamento, o senhorio faz entrega do local arrendado ao inquilino para que este o use segundo os fins do arrendamento; em contrapartida, o inquilino assume a obrigação de não proporcionar a sua utilização a outrem por acto que signifique ou importe o seu afastamento pessoal dessa utilização. II - Na medida em que o arrendatario realizou a sua quota, entre outros bens ou direitos, como o de locatario, não transferiu o respectivo direito para quem quer fosse, pois a quota pertencia-lhe e pertence-lhe. III - Porem, como o local arrendado passou a ser utilizado por outra pessoa juridica - a sociedade -, verificou-se a violação do dever apontado na alinea f) do artigo 1038 do Codigo Civil, uma vez que essa cedencia não estava permitida nem autorizada. IV - Numa acção de reivindicação, o autor pode pedir a entrega da coisa mesmo do simples detentor. V - Não existe qualquer inconsequencia entre uma decisão a julgar improcedente a questão da ilegitimidade passiva e outra a julgar improcedente a pretensão dos autores. VI - A circunstancia de não ter sido chamado ao processo o possuidor (arrendatario) e de o juiz não ter julgado parte ilegitima...
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