Acórdão nº 9230212 de Court of Appeal of Porto (Portugal), 29 de Junho de 1992
Magistrado Responsável | ABILIO VASCONCELOS |
Data da Resolução | 29 de Junho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC ART668 N1 C ART84 N2.
Sumário: I - Invocando os autores a falta de pagamento de rendas para alicerçarem o pedido da resolução do contrato de arrendamento, é inverificável a contradição entre a causa de pedir e o pedido, certo que este é a emanação lógica daquela. II - Não ocorre a ilegitimidade da ré numa acção de despejo, quando esta é demandada por ser a actual arrendatária não obstante não figurar o seu nome no instrumento do arrendamento, já que a ré sucedeu no contrato por morte do seu marido. III - É irrelevante a circunstância da morte e do casamento não estar documentada no processo, porquanto, em acção sumária não contestada, o efeito cominatório é pleno, excepto no domínio das relações jurídicas subtraídas à vontade das partes, o que " in casu " não ocorre - artigo 784,...
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