Acórdão nº 9420658 de Court of Appeal of Porto (Portugal), 24 de Janeiro de 1995
| Magistrado Responsável | MATOS FERNANDES |
| Data da Resolução | 24 de Janeiro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 385/88 DE 1988/10/25 ART20 N1 N2 ART17 ART18 ART5 N3. CPC67 ART4 N2 A ART262.
Jurisprudência Nacional: AC RP DE 1992/04/19 IN CJ ANOXVII T2 PAG237. AC STA DE 1982/03/11 IN BMJ N321 PAG421. AC RL DE 1981/05/26 IN BMJ N312 PAG291. AC RE DE 1988/05/12 IN CJ ANOXIII T3 PAG282.
Sumário: I - A denúncia de arrendamento rural, pelo senhorio, para efeito de exploração directa do prédio arrendado, constitui uma condição para exercício da acção de despejo, com esse fundamento, traduzindo-se a sua falta em excepção dilatória inominada, nessa acção. II - A circunstância de a lei determinar que o arrendatário não se pode opor àquela denúncia significa que, em princípio, tal oposição deverá ser deduzida na acção de despejo que vier a ser intentada pelo senhorio. III -...
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