Acórdão nº 9850032 de Court of Appeal of Porto (Portugal), 21 de Setembro de 1998
| Magistrado Responsável | BRAZÃO DE CARVALHO |
| Data da Resolução | 21 de Setembro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG.
Legislação Nacional: CCIV66 ART627 N1 ART628 N1 N2 ART1022 ART1023 ART1041 N1 ART1045 N1 N2.
Jurisprudência Nacional: AC STJ DE 1993/11/10 IN CJSTJ T3 ANOI PAG122. AC RC DE 1989/02/28 IN CJ T1 ANOXIV PAG69. AC RC DE 1989/07/05 IN CJ T4 ANOXIV PAG50.
Sumário: I - O contrato segundo o qual "A" dá de aluguer a "B" certo veículo automóvel e este o toma de aluguer àquele, obrigando-se a pagar-lhe certa quantia mensal durante certo período, devendo "A" entregar a "B" o veículo e assegurar-lhe o gozo do mesmo para os fins a que se destina, e este, findo o prazo do aluguer, restituir àquele o mesmo veículo, é um contrato de aluguer regulado no artigo 1022 e seguintes do Código Civil. II - Não tendo o locatário pago ao locador as prestações a que se obrigou, este tem direito à resolução do contrato e ao recebimento dos alugueres vencidos. III - Se a coisa locada não foi restituída logo...
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