Acórdão nº 0055261 de Supremo Tribunal Administrativo (Portugal), 30 de Junho de 1992 (caso None)
Magistrado Responsável | MACHADO SOARES |
Data da Resolução | 30 de Junho de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: P LIMA A VARELA IN CÓDIGO CIVIL ANOI VI 2ED PAG356. A COSTA IN RLJ ANO119 PAG145. VAZ SERRA IN RLJ ANO67 PAG85 - NOTA 10 PAG21.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART428 ART562 ART804 N1. CPC67 ART463 N1 ART490 N1 ART505 ART785 ART972.
Jurisprudência Nacional: AC STJ DE 1982/05/06 IN BMJ N317 PAG239. AC RL DE 1985/06/25 IN CJ ANO1985 T3 PAG178.
Sumário: I - Mostra-se factualizada, e portanto caracterizada, a excepção de não cumprimento do contrato prevista no artigo 428 do Código Civil quando a despejanda na contestação alega que o senhorio, no propósito de penalizar a sua actividade, deixou cortar a água e a electricidade e nada fez para impedir que chovesse dentro da loja locada, prejudicando a exposição dos produtos aí comercializados; atitude esta do senhorio começada em data anterior à suspensão do pagamento das rendas; assim inviabilizando o gozo normal da loja pelo locatário, tendo em conta o fim a que se destinava. II - Dada a interdependência ou correlatividade das prestações em confronto (pagamento da renda / gozo da coisa pelo locatário), não pode deixar de se entender aplicável a este caso, em favor do locatário, a excepção de não cumprimento do contrato (P. Lima - A. Varela, Código Civil Anotado, volume I, 2 edição, página 356, em comentário ao artigo 428; A. Costa, in RLJ n. 119, página 145; V. Serra in RLJ n. 67, página 85 e nota 10 da página 21). III - Estes pressupostos factuais de tal excepção - ocorrente...
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