Acórdão nº 076192 de Supremo Tribunal de Justiça (Portugal), 02 de Dezembro de 1988 (caso NULL)
Magistrado Responsável | PINHEIRO FARINHA |
Data da Resolução | 02 de Dezembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT A VARELA RLJ ANO114 PAG6.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: DL 385/88 DE 1988/10/25 ART3 ART36 N3. L 76/77 DE 1977/09/29 ART3 N2 ART29 ART44 ART53. CPC67 ART493 ART495 ART676 N1 ART690 N1 ART722 N2. DL 201/75 DE 1975/04/15 ART3 N4 ART25.
Sumário : I - Dos factos não suscitados nas instancias, não podem deles ocupar-se os tribunais de recurso - artigos 676 n. 1 e 690 n. 1 do Codigo de Processo Civil. II - O Decreto-Lei n. 201/75, impondo que o arrendamento rural fosse reduzido a escrito, foi expressamente revogado pelo artigo 55 da Lei n. 76/77, de 29 de Setembro, que no seu artigo 44 preceitua a sua aplicação aos processos pendentes em juizo, não distinguindo entre preceitos de caracter adjectivo e normas de natureza substantiva. III - Por essa Lei n. 76/77, os contratos de arrendamento rural a agricultor autonomo não eram obrigatoriamente reduzidos a escrito - artigo 3, n. 2 - podendo as instancias darem como provado esse arrendamento sem contrato escrito. IV - O Decreto-Lei n. 201/75, no seu artigo 25, conferia o direito de preferencia ao cultivador directo, tendo o artigo 29 da Lei n. 76/77 estendido esse direito a todos os arrendatarios no...
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