Acórdão nº 0077842 de Supremo Tribunal Administrativo (Portugal), 30 de Setembro de 1993 (caso None)
Data | 30 Setembro 1993 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART712 N3 ART974 N1 A. DL 321-B/90 DE 1990/15/10 ART3 N1 B.
Sumário: I - O número 3 do artigo 712, CPC não sanciona com a anulação do julgamento a falta de fundamentação da decisão sobre a matéria do questionário; por maioria de razão, a incorrecta fundamentação não a poderia determinar. II - Quando a fundamentação se apresenta incorrecta há a possibilidade de uma resposta ser modificada mas apenas quando se verifique alguma das situações descritas no número 1 do artigo 712; poderá, numa situação extrema, autorizar a anulação da resposta - se se indicar como único meio de prova em que, contudo, não ocorreu. III - Como cada renda tem autonomia, legítima é a alteração de atitude do devedor, que não precisa de a anunciar. Basta que quando fôr pagar a nova renda, exija a quitação. Se a não for dada, pode recusar o cumprimento. Se recusar, coloca em mora o credor. Até que este purgue a mora em que aquele a torne irrelevante (vindo a cumprir sem ter ocorrido purgatio morae), o devedor não pode cair em mora. IV - O depósito das rendas não é obrigatório. A sua realização oferece ao arrendatário...
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