Acórdão nº 0005941 de Court of Appeal of Porto (Portugal), 17 de Dezembro de 1987
| Data | 17 Dezembro 1987 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: VAZ SERRA IN BMJ N107 PAG246.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1041 ART1048 ART1094.
Jurisprudência Nacional: AC RP DE 1981/02/05 IN BMJ 304 PAG470. AC RE DE 1980/02/14 IN CJ T1 PAG167. AC RL DE 1983/04/21 IN CJ T2 PAG139.
Sumário: I - Para beneficiar da caducidade do artigo 1048 do Código Civil, o Réu só tem que depositar, com a respectiva indemnização, as rendas do último ano. II - Se o despejo é pedido com fundamento na falta de pagamento de rendas de vários anos, o Réu faz caducar o direito à resolução, desde que deposite, com a legal indemnização, as rendas do último ano, e invoque a caducidade do direito à resolução quanto às rendas anteriores. III - A caducidade do artigo 1401 do Código Civil só pode ser declarada se o Réu o pedir. IV - Prevenindo-se contra a hipótese de o Réu invocar a caducidade do artigo...
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