Acórdão nº 9631571 de Court of Appeal of Porto (Portugal), 22 de Maio de 1997
Data | 22 Maio 1997 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT.
Legislação Nacional: DL 171/79 DE 1979/06/06 ART1 ART10 N3 ART16 ART19 C ART22 E. DL 149/95 DE 1995/06/04 ART1 ART4 N1 ART7. CCIV66 ART224 ART627 ART631 ART632 ART639-A. CPC67 ART234 ART238-A.
Jurisprudência Nacional: AC STJ DE 1994/11/17 IN BMJ N441 PAG274.
Sumário: I - No âmbito de um contrato de locação financeira, deve ter-se por interpelada a sociedade comercial locatária, que não procedeu ao pagamento de várias rendas em atraso, pela carta que a locadora lhe enviou a qual, embora datada e assinada no lugar do destinatário por uma funcionária daquela, não veio a ser recebida sob a alegação: " não lhe diz respeito ". II - Em conformidade com o estatuído no artigo 224 do Código Civil ( trata-se de declarações recipiendas ), não se exige, por um lado, a...
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