Acórdão nº 9251072 de Court of Appeal of Porto (Portugal), 10 de Maio de 1993
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 10 de Maio de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1054 ART1056 ART224 N1 ART10 N2 ART312 ART317 ART323 N2 ART1051 N1 N2 ART342 N2.
Jurisprudência Nacional: AC RL DE 1970/06/26 IN BMJ N198 PAG184. AC RE DE 1987/02/19 IN CJ ANOXII T1 PAG316. AC RP DE 1981/06/11 IN CJ ANOVI T3 PAG156. AC RP DE 1985/07/30 IN CJ ANOX T4 PAG244.
Sumário: I - Não equivale à oposição do locador referida no artigo 1056 do Código Civil a propositura da acção de despejo por parte deste que, embora anterior ao decurso do prazo do ano aí referido, era ignorada pelo arrendatário, como resulta do disposto no artigo 224 do Código Civil. II - E não obsta a tal o facto de a citação para tal acção só ter ocorrido depois de decorrido tal prazo sem culpa do demandante, visto que, em tal caso, este não carece do recurso à acção de despejo. III - Para que o inquilino gozasse do benefício do disposto no nº 2 do artigo 1051 do Código Civil, cumpria-lhe provar que só pela petição inicial da acção de despejo ficara a saber que o senhorio havia arrendado o...
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