Acórdão nº 9820316 de Court of Appeal of Porto (Portugal), 13 de Outubro de 1998
Magistrado Responsável | NORMAN DE MASCARENHAS |
Data da Resolução | 13 de Outubro de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART216 N1 N3 ART483 ART754 ART757 N2 ART479 N1 N3 ART1273 ART1046 N1. CPC67 ART661 N2.
Jurisprudência Nacional: AC STJ DE 1982/10/07 IN BMJ N320 PAG407. AC STJ DE 1978/01/24 IN BMJ N273 PAG244. AC STJ DE 1980/03/06 IN BMJ N295 PAG369. AC STJ DE 1974/06/04 IN BMJ N238 PAG204. AC STJ DE 1983/12/16 IN BMJ N332 PAG397. AC RP DE 1992/10/01 IN BMJ N420 PAG671. AC RC DE 1980/07/01 IN BMJ N301 PAG469.
Sumário: I - Consideram-se benfeitorias todas as despesas feitas para conservar ou melhorar a coisa, dizendo-se " úteis " as benfeitorias que, não sendo indispensáveis para a sua conservação, lhe aumentam, todavia o valor. II - O arrendatário de prédio rústico, que nele realizou obras que lhe aumentaram o seu valor, é titular de um crédito a ser determinado pelo instituto do enriquecimento sem causa, gozando do direito de retenção. III - O direito de retenção consiste na faculdade de uma pessoa reter ou não restituir uma coisa alheia que possui ou detém até ser paga do que lhe é devido, por causa dessa coisa, pelo respectivo...
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