Acórdão nº 9150808 de Court of Appeal of Porto (Portugal), 13 de Abril de 1993
Magistrado Responsável | CANDIDO LEMOS |
Data da Resolução | 13 de Abril de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART991 N1 ART992 ART993 N1 N2 ART994 N3 ART997 N1 N2 ART463 N1 ART1026 ART493 N3 ART668 N1 D ART785 ART490 N1 ART505 N1. CCIV66 ART1022 ART1023 ART1038 A ART1093 N1 A ART1048 ART841 N1 A. RAU ART64 N1 A ART56.
Jurisprudência Nacional: AC RC DE 1984/04/26 IN CJ ANOIX T2 PAG57. AC RP DE 1974/11/06 IN BMJ N241 PAG346. AC RL DE 1973/04/13 IN BMJ N226 PAG261. AC STJ DE 1982/07/27 IN AD STJ N254 PAG253.
Sumário: I - Formulado o pedido de resolução do contrato de arrendamento com base no não pagamento de rendas, e respondendo os réus com o pagamento, esta é defesa por excepção, tal como definida no nº 3 do artigo 493 do Código de Processo Civil. II - Uma vez que a excepção peremptória do pagamento não é de conhecimento oficioso do tribunal, não impugnados os depósitos na resposta à contestação, não compete ao tribunal conhecer da sua validade, quer quanto ao local do depósito, quer quanto...
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