Acórdão nº 0059501 de Supremo Tribunal Administrativo (Portugal), 02 de Dezembro de 1992 (caso None)
Data | 02 Dezembro 1992 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: PL- AV CCIV ANOT 3II PAG396 PAG399.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG.
Legislação Nacional: CCIV66 ART813 ART841 ART991 ART1039 ART1041 N2 ART1083 ART1090. CPC67 ART991.
Sumário: I - Sendo o contrato de arrendamento verbal, e não tendo qualquer das partes feito prova sobre qual o local concertado ou usuado entre elas para pagamento das rendas, não pode deixar de funcionar o que supletivamente está na Lei: o local é o da residência do locatório (art. 1083-1 e 1039, C. Civil; P.L.-A.V., C. Civ. anot., II, 3ed. pg. 396). II - Estando provado que o autor não foi receber a renda e que, depois, recusou receber o ofertado pagamento, não pode duvidar-se de que praticou falta contratual (art. 813, C. Civ.), a partir do que ao arrendatário ficou a faculdade de depositar o valor da renda (art. 841, C.Cicil; art. 991, Código Processo Civil). III - Não sendo obrigado a fazer o depósito, e não estando em falta contratual, os depósitos que realiza corresponderão tão...
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