Acórdão nº 0070531 de Supremo Tribunal Administrativo (Portugal), 02 de Novembro de 1993 (caso None)
Magistrado Responsável | PINTO MONTEIRO |
Data da Resolução | 02 de Novembro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: JANUÁRIO GOMES ARRENDAMENTO URBANO PAG90. MOTA PINTO TEORIA GERAL DO DIREITO CIVIL PAG551. ALMEIDA COSTA OBRIGAÇÕES PAG473.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART12 ART280 N1 N2 ART294 ART405 ART1029 N1 B N3 ART1311 N1 N2 ART1419 N1 ART1421 N1 D.
Jurisprudência Nacional: AC STJ DE 1989/01/17 IN BMJ N383 PAG548. AC RL DE 1990/10/25 IN CJ T4 PAG157. AC RL DE 1988/07/29 IN CJ T4 PAG138.
Sumário: Por "ordem pública" deve entender-se o conjunto de princípios fundamentais, subjacentes ao sistema jurídico, que o Estado e a sociedade estão substancialmente interessados em que prevaleçam e que têm uma aquidade tão forte que devem prevalecer sobre as convenções privadas. A obrigatoriedade de casa de porteira, pelo regulamento de porteiros, destina-se, antes de mais, ao construtor do edifício e visa, para lá do aumento da qualidade dos prédios, o benefício dos condóminos. Se estes (desde que respeitadas as condições impostas por lei), decidem dar outro...
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