Acórdão nº 9650737 de Court of Appeal of Porto (Portugal), 20 de Janeiro de 1997
| Magistrado Responsável | REIS FIGUEIRA |
| Data da Resolução | 20 de Janeiro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART690 ART470 N2 ART30 N1. RAU90 ART56 N2 ART55 N1 ART63 N2 ART64. CCIV66 ART562 ART564 ART565 ART661 N2 ART483.
Jurisprudência Nacional: AC RP DE 1990/07/05 IN CJ T4 ANOXV PAG201. AC RP DE 1970/03/18 IN JR ANO16 PAG330. AC RE DE 1975/07/02 IN BMJ N250 PAG221. AC RL DE 1976/07/30 IN CJ T3 ANOI PAG796.
Sumário: I - Não se verifica a deserção do próprio recurso se nas alegações que apresentar o recorrente se limitar expressamente a responder antecipadamente quanto à matéria do recurso interposto também pela contra-parte; em tal caso, o recurso é improcedente e não padece de deserção. II - A possibilidade de cumulação do pedido de indemnização com o de despejo pressupõe a compatibilidade entre as respectivas causas de pedir e que o dano em causa resulte da violação da relação locatícia. III - A sentença que declara resolvido o contrato de arrendamento para habitação por falta de residência permanente do locatário no local arrendado é constitutiva, opera para o futuro, pelo que o arrendamento subsiste até ao seu trânsito; daí que o locatário não possa ser...
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