Acórdão nº 9341038 de Court of Appeal of Porto (Portugal), 25 de Outubro de 1994
Data | 25 Outubro 1994 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1093 N1 A N2 A ART1022 ART1023 ART1031 ART1038 A C ART428 ART1032 B ART342 N2 ART799. RAU90 ART56 ART64 N1 A N2 A. CPC67 ART972 ART785 ART462 N1 ART463 N1 ART505.
Jurisprudência Nacional: AC RL DE 1969/01/15 IN JR ANO15 PAG19. AC STJ DE 1984/12/11 IN BMJ N342 PAG355. AC RC DE 1988/03/01 IN CJ T2 ANOXIII PAG52.
Sumário: I - Em processo sumário o Réu está sujeito ao ónus da impugnação especificada a que alude o artigo 490 do Código de Processo Civil; o A. está sujeito ao mesmo ónus, defendendo-se o Réu por excepção, em relação à matéria desta. II - Se, em acção de despejo, com fundamento na falta de residência permanente, o Réu se defende alegando que o A. destelhou a casa, impossibilitando-o de nela residir, estes factos assumem o carácter de uma verdadeira defesa por excepção. III - O destelhar da casa, com impossibilidade de o arrendatário nela habitar, configura não uma situação de força maior ( alínea a) do n. 2 do artigo 1093 do Código Civil ou alínea a) do n. 2 do artigo 64 do Regime do Arrendamento Urbano ) mas antes uma situação de não cumprimento do contrato por parte do senhorio, com possibilidade da invocação da excepção de não cumprimento - artigo 482 do Código Civil - por parte do...
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