Acórdão nº 0058201 de Supremo Tribunal Administrativo (Portugal), 29 de Setembro de 1992 (caso None)
Magistrado Responsável | ZEFERINO FARIA |
Data da Resolução | 29 de Setembro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Indicações Eventuais: P LIMA E A VARELA IN NOÇÕES FUNDAMENTAIS DE DIREITO CIVIL VI PAG165. M BRITO IN CÓDIGO CIVIL ANOTADO VI PAG251.
Área Temática: DIR DIV - TEORIA GERAL / DIR OBG / DIR CONTRAT.
Legislação Nacional: DL 321-B/90 DE 1990/10/15 ART64 N1 F H I. L 2030 DE 1948/06/22 ART36 N1 ART37 N1. CCIV66 ART222 N2 ART333 ART1045.
Sumário: I - Na contestação, os Réus não invocaram a excepção de caducidade, podendo fazê-lo; por isso que, no caso, não pode ser conhecida oficiosamente, por se tratar de matéria não excluída da disponibilidade das partes (artigo 333, do Código Civil). II - Sendo assim irrelevante ou ineficaz a sua invocação nas alegações do recurso. III - O arrendamento inicial de local para arrumações foi celebrado na vigência da Lei n. 2030, de 1948/06/22, e não carecia de ser reduzido a escrito (artigos 36, n. 1, e 37, n. 1, desta Lei). IV - No domínio da referida Lei e no Código Civil de Seabra, não existia qualquer preceito correspondente ao artigo 222 do actual Código Civil. V - Se a forma escrita não for exigida por lei, mas tiver sido adoptada pelo autor da declaração, as estipulações verbais posteriores ao documento são válidas, excepto se, para o efeito, a lei...
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