Acórdão nº 075291 de Supremo Tribunal Administrativo (Portugal), 26 de Janeiro de 1988 (caso None)
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 26 de Janeiro de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA A REVISTA.
¡rea Tem·tica: DIR PROC CIV. DIR CIV.
LegislaÁ„o Nacional: CCIV66 ART1022 ART1023 ART1051 N1 D ART1107 ART1311 N2. CPC67 ART970 N1.
JurisprudÍncia Nacional: AC STJ DE 1984/12/08 IN BMJ N342 PAG387.
Sum·rio : I - Em acÁ„o de reivindicaÁ„o pode conhecer-se da validade e subsistencia do contrato de arrendamento invocado pelos reus para legitimar a sua ocupaÁ„o e como facto impeditivo do direito do proprietario de pedir a restituiÁ„o. II - Embora transitado em julgado o despacho saneador, na parte em que julga idoneo o meio processual utilizado - acÁ„o de reivindicaÁ„o - para o pedido de restituiÁ„o do predio, n„o se segue, necessariamente, que atraves dele se possa obter tal restituiÁ„o, n„o obstante ter ocorrido a morte do arrendatario, circunstancia esta que pode conduzir a caducidade do contrato de arrendamento nos termos do citado artigo 1051, n. 1, alinea d), do Codigo Civil. III - A caducidade do contrato de arrendamento por morte do arrendatario (artigo 1051, n...
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