Acórdão nº 0054732 de Supremo Tribunal Administrativo (Portugal), 22 de Outubro de 1992 (caso None)
Magistrado Responsável | PONCE LEÃO |
Data da Resolução | 22 de Outubro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART970 ART972 C. CCIV66 ART376 ART1111. L 46/85 DE 1985/09/20 ART7 ART28 N1 A.
Jurisprudência Nacional: AC RL DE 1986/01/07 IN CJ ANOXI T1 PAG78. AC RL DE 1981/02/20 IN BMJ N309 PAG323.
Sumário: I - Embora numa perspectiva mais restritiva e rigorosa de conceitos e princípios, a acção comum de reivindicação pareça o meio mais adequado para obter a entrega de prédio arrendado, uma vez que já não exista arrendamento, por este ter caducado, o certo é que o artigo 970 do Código do Processo Civil estabelece que para obter a entrega de prédio com fundamento na caducidade do arrendamento cabe a acção de despejo. Para determinar qual a forma processual que cabe no caso em que se verifique a caducidade do arrendamento e permaneçam no prédio outras pessoas que não o arrendatário, há que distinguir: Se a ocupação tiver correspondência ou...
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