Acórdão nº 8950641 de Court of Appeal of Porto (Portugal), 09 de Janeiro de 1990
Magistrado Responsável | METELLO DE NAPOLES |
Data da Resolução | 09 de Janeiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART193 N4 ART199 ART470 N2 ART489. CCIV66 ART1022 ART1110.
Jurisprudência Nacional: AC STJ DE 1982/12/21 IN BMJ N322 PAG338. AC STJ DE 1984/05/03 IN BMJ N337 PAG322.
Sumário: I - A cumulação de pedidos sujeitos a formas de processo diversas determina a nulidade por erro na forma de processo quanto ao pedido a que não se ajusta a forma de processo adoptada, ficando este pedido sem efeito. II - Se o locatário se obrigou perante o senhorio a pagar a quota parte das despesas de condomínio por que este é responsável, as importâncias correspondentes integram-se afinal na retribuição a que se refere o artigo 1022 do Código Civil e constituem, por isso, uma parcela da renda devida ao senhorio. III - Assim, quando o senhorio pede em juízo as rendas e a quota parte das despesas comuns não ocorre, em rigor, uma cumulação de pedidos, e apenas se explicita a retribuição global convencionada, que sob a designação de renda pode ser peticionada, ao abrigo do artigo 470, n. 2 do...
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