Acórdão nº 073064 de Supremo Tribunal Administrativo (Portugal), 01 de Julho de 1986 (caso None)
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 01 de Julho de 1986 |
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 ART96 N2 ART259 N2 ART664 ART668 N1 D ART673 ART676 N1 ART684 N2 ART713 N2. CCIV867 ART374 ART1600 ART1607 ART1631. CCIV66 ART204 ART297 N1 ART1025 ART1083 ART1095. D 40616 DE 1956/05/28. CEXP76 ART63 N2 B. D 794/76 DE 1976/11/05 ART41.
Jurisprudência Nacional: AC STJ DE 1969/05/16 IN BMJ N187 PAG92. AC STJ DE 1970/06/12 IN RT N344. AC STJ DE 1970/07/07 IN RT N407. AC RL DE 1972/01/19 IN BMJ N213 PAG280. AC STJ DE 1977/11/24 IN BMJ N258 PAG200.
Sumário : I - O caso julgado forma-se relativamente a decisão propriamente dita e não aos respectivos fundamentos. II - A declaração constante da decisão da 1 instancia de que o contrato de arrendamento caducara e que constituiu um dos fundamentos de direito da sentença não pode ser autonomizada para a subtrair aos poderes de cognição do tribunal de 2 instancia. III - Não cometeu, assim, o Tribunal da Relação a nulidade da alinea d) do n. 1 do artigo 668 do Codigo de Processo Civil, ao censurar a interpretação da lei efectuada pela 1 instancia, designadamente, no concernente a caducidade do contrato. IV - O contrato de arrendamente de um predio rustico, celebrado no dominio do Codigo de...
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