Acórdão nº 9221064 de Court of Appeal of Porto (Portugal), 11 de Maio de 1993
Data | 11 Maio 1993 |
Órgão | 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. OBRAS JURÍDICAS E DOUTRINAIS CITADAS NO ACÓRDÃO COM INTERESSE.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1022 ART1089 ART1104 ART1105 ART1106. RAU ART9 ART30.
Jurisprudência Nacional: AC RL DE 1973/01/22 IN BMJ N223 PAG269. AC RL DE 1973/04/24 IN BMJ N226 PAG261. AC STJ DE 1974/02/08 IN BMJ N234 PAG220. AC RP DE 1977/10/26 IN CJ ANOII PAG1197. AC STJ DE 1978/11/15 IN BMJ N277 PAG247. AC RC DE 1984/11/23 IN CJ ANOIX T4 PAG65. AC RE DE 1988/02/02 IN CJ ANOXIII T1 PAG267.
Sumário: I - No domínio da vigência do Código Civil de 1966 e legislação complementar, eram válidas as denominadas "cláusulas de rendas escalonadas", em que se estabelecia uma determinada renda para vigorar no primeiro ano do contrato e outras rendas, superiores e também determinadas para irem vigorando nos anos seguintes, ainda que da aplicação dessa claúsula resultassem aumentos de renda superiores às taxas legais e anuais de actualização. II - Em face do disposto no artigo 30 do Regime do Arrendamento Urbano, tais cláusulas têm que ser consideradas nulas, desde que da sua aplicação resultem aumentos de renda superiores aos legais. III - A uma cláusula de renda escalonada inserta num contrato de arrendamento celebrado em...
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