Acórdão nº 0088741 de Supremo Tribunal Administrativo (Portugal), 10 de Janeiro de 1995 (caso None)
Magistrado Responsável | AZADINHO LOUREIRO |
Data da Resolução | 10 de Janeiro de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: RAU90 ART1 ART7 N2 B. CCIV66 ART220 ART286 ART288 ART289 ART290 ART1029 N3.
Sumário: I - Após a entrada em vigor do RAU, e nos arrendamentos a este posteriores, em virtude de nele se não conter qualquer disposição similar à do revogado n. 3 do art. 1029 do CC, a não redução do contrato de arrendamento comercial a escritura pública determina a nulidade do mesmo contrato, não nos termos híbridos do revogado n. 3, mas nos termos gerais. II - Assim, as consequências são todas as que a nulidade produz: inadmissibilidade da confirmação, repetibilidade das prestações, e conhecimento a todo o tempo, por invocação de qualquer interessado, quer seja o locador, quer seja o locatário, ou, oficiosamente...
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