Acórdão nº 076358 de Supremo Tribunal de Justiça (Portugal), 22 de Novembro de 1988 (caso NULL)
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 22 de Novembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT P LIMA A VARELA COD CIV ANOT VII 3ED.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART288 ART350 N1 ART1024 N2 ART1404 ART1405 N2 ART1406 N1 ART1407. CRP84 ART7. CPC67 ART456 N1 N2 ART457 ART660 ART661 ART668 N1 C.
Sumário : I - Não se verifica a nulidade do acordão nos termos do artigo 668, n. 1, c) do Codigo de Processo Civil, pois o mesmo não condenou em coisa diferente do pedido, visto os Autores terem pedido o reconhecimento da sua propriedade, juntamente com os demais comproprietarios e a entrega do andar desocupado, direito de propriedade que provaram e que os Reus reconheceram e entregam que podiam pedir, como lhes era permitido pelo artigo 1405 n. 2 do Codigo Civil. II - O contrato de arrendamento celebrado por uma das comproprietarias e o Reu Francisco, e inoponivel ou ineficaz em relação aos autores, pois que, por anulado, foi celebrado apenas por um dos comproprietarios sem que os outros lhe houvessem dado anterior ou posteriormente, o seu...
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