Acórdão nº 0124249 de Court of Appeal of Porto (Portugal), 15 de Janeiro de 1991
| Magistrado Responsável | TATO MARINHO |
| Data da Resolução | 15 de Janeiro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A SENTENçA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART706. CCIV66 ART1098 N1.
Jurisprudência Nacional: AC STJ DE 1985/07/11 IN BMJ N349 PAG454. AC RP DE 1979/07/19 IN CJ TIV ANO1979 PAG1466.
Sumário: 1- So e admissivel a junção de documento com a alegação de apelante nos casos previstos no art. 706 do C.P.C., ou seja desde que se trate de documento superveniente ou que se não destine a fazer prova de factos supervenientes ou quando a decisão se tenha baseado em meio probatorio inesperadamente junto por iniciativa do tribunal ou em preceito juridico cuja aplicação não fosse justificadamente de contar pelas partes. 2- Na acção de denuncia do contrato de arrendamento para habitação propria do senhorio, deve este provar, sob pena de improcedencia, o requisito de não ter casa propria, como, proprietario, comproprietario ou usufrutuario, ou...
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