Acórdão nº 9241055 de Court of Appeal of Porto (Portugal), 08 de Março de 1993
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 08 de Março de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1437 N2 ART1436 D G ART592 N1.
Jurisprudência Nacional: AC RL DE 1978/06/26 IN BMJ N280 PAG382.
Sumário: I - Nos termos do disposto no artigo 1437, nº 2 do Código de Processo Civil o administrador do condomínio pode ser demandado nas acções respeitantes às partes comuns do edifício, ou sejam, as acções nas quais estejam em causa actos da conservação e fruição das coisas comuns, actos conservatórios dos respectivos direitos ou prestação de serviços comuns ( por exemplo, remunerações do administrador, despesas de electricidade e relativas ao pessoal contratado para a prestação de serviços ). II - Se o ex-administrador pagou essas despesas do seu bolso, ficou subrogado nos direitos dos respectivos credores. III - Se essas despesas são ou não discutíveis, ou se as...
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