Acórdão nº 9420968 de Court of Appeal of Porto (Portugal), 12 de Novembro de 1996
Magistrado Responsável | EMIDIO COSTA |
Data da Resolução | 12 de Novembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS. DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU90 ART72 N2. CPC67 ART279 N1 N2. CCIV66 ART11 ART754 ART2068.
Jurisprudência Nacional: AC STJ DE 1984/01/19 IN BMJ N333 PAG369. AC STJ DE 1973/01/19 IN BMJ N223 PAG209.
Sumário: I - Numa acção de reivindicação julgada procedente, não há lugar, na pendência do respectivo recurso, à suspensão da intância, então requerida com o fundamento na pendência de uma acção proposta pelo recorrente contra o recorrido a pedir a condenação deste no reconhecimento da subsistência de um contrato de arrendamento a favor do recorrido sobre o prédio reivindicado, não só pelo facto de a proposição dessa segunda acção, em tal momento, indiciar um expediente para propiciar a requerida suspensão, mas ainda mais pelo facto de o fundamento dessa mesma acção ter sido invocado pelo réu e recorrente na acção reivindicativa. II - Decretada, em acção de despejo, a denúncia do contrato de arrendamento para habitação do senhorio usufrutuário, por decisão transitada em julgado, e, decorrido o prazo para entrega do local sem...
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