Acórdão nº 066588 de Supremo Tribunal de Justiça (Portugal), 29 de Março de 1978 (caso NULL)
Data | 29 Março 1978 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA PARCIALMENTE A REVISTA.
¡rea Tem·tica: DIR CIV - DIR CONTRAT.
LegislaÁ„o Nacional: CCIV867 ART1723 ART1725 ART1726. CCIV66 ART358 N2 ART359 N1 ART371 N1 ART376 N1 N2 ART1029 N3 ART1051 N2 C. L 1662 DE 1924/09/04 ART1. L 2030 DE 1948/06/22 ART37 N2 B. DL 67/75 DE 1975/02/19 ART2 N3.
JurisprudÍncia Nacional: AC STJ DE 1976/01/13 IN BMJ N253 PAG161.
Sum·rio : I - Celebrado um contrato de arrendamento, por escritura publica, de uma loja, na qual um dos outorgantes declara intervir como gestor e em representaÁ„o dos seus proprietarios, n„o pode a locataria, sem alegar e provar a simulaÁ„o, reserva mental ou qualquer outro vicio de consentimento contrariar essa declaraÁ„o, n„o bastando para isso alegar que o usufruto da referida loja, a data da escritura, ja tinha sido transmitido ao gestor, embora n„o tivesse sido realizada a respectiva escritura. O contrato de arrendamento assim celebrado e que n„o foi ratificado pelo dono do negocio e ineficaz em relaÁ„o a este. II - Provado, porem, que tendo o gestor adquirido o usufruto da referida loja, se comportou como senhorio e o inquilino como locatario, aquele requerendo a avaliaÁ„o da loja e este pagando a renda fixada, o mesmo acontecendo depois da morte da usufrutuaria com os proprietarios, que, sem reparo, receberam as rendas, a ultima das quais referente ao mes de Maio de 1976...
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