Acórdão nº 9630395 de Court of Appeal of Porto (Portugal), 17 de Outubro de 1996
| Data | 17 Outubro 1996 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: RAU90 ART64 N1 F ART76 N1 A. CCIV66 ART342 N2 ART1038 F G ART1049. CPC67 ART264 ART664.
Jurisprudência Nacional: AC RE DE 1984/05/10 IN CJ T3 ANOIX PAG319. AC RE DE 1977/04/14 IN CJ T2 ANOII PAG354. AC RP DE 1978/02/23 IN BMJ N276 PAG277.
Sumário: I - Atentos os princípios dispositivo e da aquisição processual bem como o poder que ao juiz cabe de apurar a verdade material, dentro dos factos alegados - artigos 264 e 664, ambos do Código de Processo Civil - nada impede o juiz de lançar mão da materialidade apurada para fundamentar a sentença. II - Para integrar a causa de resolução do contrato referida na alínea f) do n.1 do artigo 64 do Regime do Arrendamento Urbano basta a alegação do Autor que a Ré subarrendou ou emprestou...
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