Acórdão nº 069959 de Supremo Tribunal Administrativo (Portugal), 25 de Maio de 1982 (caso None)
Magistrado Responsável | M SANTOS CARVALHO |
Data da Resolução | 25 de Maio de 1982 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART437 ART762 ART1093 ART1252. CPC67 ART460 ART735 N1 ART971.
Sumário : I - O artigo 437 do Codigo Civil que estabelece as condições de admissibilidade para a resolução ou modificação do contrato por alteração das circunstancias, não pode aplicar-se a resolução do contrato de arrendamento, pela simples razão de que este contrato, dada a sua natureza e as restrições que a lei impõe a faculdade geral da sua resolução, não podera, em caso algum ser resolvido ou modificado por alteração das circunstancias, designadamente em quaisquer outros casos que não sejam os taxativamente enumerados no artigo 1093 do Codigo Civil. II - O direito de resolução do contrato por alteração anormal das circunstancias, se acaso existisse, poderia fazer-se valer atraves da acção especial de...
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