Acórdão nº 9150698 de Court of Appeal of Porto (Portugal), 02 de Março de 1992
Magistrado Responsável | ABILIO DE VASCONCELOS |
Data da Resolução | 02 de Março de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1093 N1 ART1039 N1 ART1041 N1 ART1038 N1. CPC67 ART668 N1.
Jurisprudência Nacional: AC RP DE 1986/05/06 IN CJ T3 ANOXI PAG185.
Sumário: I - Tendo sido convencionado o pagamento de rendas devidas pelo arrendatário por depósito mensal das mesmas em conta do senhorio em certa agência de um banco, o facto de o arrendatário as efectuar noutra agência do mesmo banco com o efeito de elas terem sido creditadas na aludida conta fora do prazo legal implica a respectiva mora. II - Mas o facto de o senhorio haver tomado conhecimento desse depósito e tê-lo aceitado sem proceder à sua devolução exclui o direito à resolução do contrato e à exigência da indemnização legal pela mora, por tal atitude corresponder à renúncia de tais direitos. III - O facto de o juiz ter na sentença omitido na discriminação dos factos provados um artigo do contrato de arrendamento alusivo ao fim...
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