Acórdão nº 9350903 de Court of Appeal of Porto (Portugal), 10 de Março de 1994
Magistrado Responsável | CARLOS MATIAS |
Data da Resolução | 10 de Março de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART511 N5 ART712 N2 ART489 N1. CCIV66 ART217 N1 ART303 ART333 N2 ART334 ART1038 F ART1049. RAU ART64 N1 F.
Sumário: I - Não tendo qualquer das partes reclamado da especificação e questionário, está precludido, no recurso, o exercício de tal direito, atento o disposto no artigo 511, n. 5, do Código de Processo Civil. II - Mas se a incorrecta elaboração da especificação e questionário se reflectir nas respostas aos quesitos, viciando-as por deficiência, obscuridade ou contradição, ou na própria ausência de quesitos sobre matéria de facto relevante segundo as várias soluções plausíveis da questão de direito, pode a Relação agir oficiosamente, como decorre do disposto no n. 2 do artigo 712 do Código de Processo Civil. III - A violação, pelo locatário, da obrigação que lhe é imposta pelo artigo 1038, alínea f) do Código Civil ( não proporcionar a outrém o gozo total ou parcial da coisa... ), investe o senhorio no direito potestativo de pedir a resolução do contrato, salvo se tiver reconhecido o beneficiário da cedência como tal. IV - O reconhecimento, como declaração de vontade que é, pode ser expresso ou tácito - artigo 217, n. 1 do Código Civil. V - O reconhecimento tácito há-de deduzir-se de factos que, com toda a probabilidade o revelem. VI - O simples conhecimento da situação não pode equivaler ao seu reconhecimento para os...
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