Acórdão nº 075751 de Supremo Tribunal Administrativo (Portugal), 07 de Abril de 1988 (caso None)
Magistrado Responsável | PINHEIRO FARINHA |
Data da Resolução | 07 de Abril de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CPC67 ART665 ART972 A ART979. CCIV66 ART334.
Sumário : I - O arrendatario, face a citação na acção de despejo, pode tomar uma de duas atitudes: não comparecer nem se fazer representar por procurador com poderes especiais para transigir e, então, deve contestar, ou comparecer ou fazer-se representar por procurador com poderes especiais para transigir. II - O n. 2 do artigo 979 do Codigo de Processo Civil estabelece o principio de que o arrendatario so pode obstar ao despejo por falta do pagamento de rendas vencidas na pendencia da acção, se, por documento, provar ter feito o pagamento. III - O n. 3 do mesmo normativo limita-se a possibilitar que o arrendatario mostre, quando ouvido, que fora do prazo pagou ou depositou definitivamente o montante das rendas e da indemnização devida, mas subordinada tal demonstração ao principio...
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