Acórdão nº 9140506 de Court of Appeal of Porto (Portugal), 28 de Janeiro de 1992
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 28 de Janeiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO / APELAÇÃO.
Decisão: NEGADO PROVIMENTO. REVOGADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS / DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CPC67 ART193 N4 ART393 ART394 ART395 ART1033. CCIV66 ART334 ART336 ART1037 N2 ART1094 ART1207 N1 D ART1277 ART1279 ART1282.
Jurisprudência Nacional: AC RE DE 1977/11/24 IN BMJ N273 PAG329. AC RE DE 1987/07/29 IN CJ ANOXII T4 PAG289.
Sumário: I - Só a parte vencida pode, no final, suscitar a reapreciação do despacho que decidiu as reclamações contra a especificação e o questionário. II - A causa de pedir nas acções possessórias propostas pelos arrendatários, ao abrigo do artigo 1037, nº. 2 do Código Civil, não consiste na posse, mas na situação jurídica emergente de um contrato de locação, que dá ao locatário o direito de utilizar a coisa locada. III - O prazo de caducidade do artigo 1094 do Código Civil não se aplica às acções...
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