Acórdão nº 0123094 de Court of Appeal of Porto (Portugal), 03 de Junho de 1991
| Magistrado Responsável | AZEVEDO RAMOS |
| Data da Resolução | 03 de Junho de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A SENTENçA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART1093 N1 ART1041 ART841 N1 ART1048. CPC67 ART991 ART993 ART994 N1 N3 ART975 ART973 ART979 N2.
Jurisprudência Nacional: AC RL DE 1968/04/03 IN JR ANO1968 PAG287. AC RL DE 1977/03/16 IN CJ T2 ANOII PAG380. AC STJ DE 1984/07/27 IN BMJ N339 PAG450. AC RP DE 1973/01/17 IN BMJ N224 PAG228. AC RL DE 1987/02/19 IN CJ T1 ANOVII PAG196.
Sumário: 1. Cabe ao R., em acção de despejo, provar que depositou rendas, antes da propositura da acção por qualquer dos motivos consignados no n.1 do art. 841 do C. Civ., mesmo que tais depositos tenham sido efectuados no prazo do pagamento voluntario das rendas. 2. O inquilino que incorreu em mora no pagamento das rendas so pode faze-la cessar se efectuar o deposito acrescido da indemnização de 50%. Se tal deposito com o das rendas que se...
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