Acórdão nº 067227 de Supremo Tribunal Administrativo (Portugal), 19 de Outubro de 1978 (caso None)
Data | 19 Outubro 1978 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR OBG / DIR FAM.
Legislação Nacional: CPC67 ART664. CCIV66 ART287 N1 ART294 ART847 N1 ART1022 ART1023 ART1024 N2 ART1029 N1 B N3 ART1112 ART1408 N2 ART1939 N1 N2. DL 67/75 DE 1975/02/19.
Sumário : I - A estipulação de prazo não é elemento essencial do contrato de arrendamento, uma vez que, acerca de tal matéria, existem normas supletivas. II - O preceito constante do artigo 1024 n. 2 do Código Civil de 1966, não tem carácter imperativo, isto é, não se inspira em normas de interesse e ordem pública cuja violação importe por si só a nulidade total do acto, antes contem uma norma especial que destina unicamente a acautelar os direitos dos outros consortes do prédio. III - A violação do disposto artigo 1024 n. 2 do Código Civil de 1966 sujeita o acto praticado a um regime de invalidade mista que tem traços do regime próprio da nulidade e características especiais do regimeda anulabilidade. IV - Aquele que abusivamente deu de arrendamento coisa que não lhe pertencia na totalidade não pode pedir a declaração de nulidade do acto, uma vez que a invalidade deste não foi estabelecida no seu interesse mas no dos demais consortes, porventura prejudicados como tal acto. V - A nulidade referida nas conclusões anteriores não pode também ser declarada oficiosamente pelo tribunal, dado que o disposto no artigo 1024 n. 2 do Código Civil de 1966, não se inspirando em razões de interesse e ordem pública...
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