Acórdão nº 9830995 de Court of Appeal of Porto (Portugal), 22 de Outubro de 1998
| Data | 22 Outubro 1998 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1111 N3 NA REDACÇÃO DA L 46/85 DE 1985/09/25 ART40. CPC67 ART974 N1. RAU90 ART85 N2.
Jurisprudência Nacional: AC RP DE 1993/07/06 IN BMJ N429 PAG872. AC RP DE 1992/06/08 IN BMJ N418 PAG854. AC RL DE 1994/10/20 IN CJ T4 ANOXIX PAG123.
Sumário: I - O pedido de despejo provisório fundado na falta de pagamento de renda condicionada e deduzido quando vigorava o artigo 974 n.1 do Código de Processo Civil ( preceito que veio a ser revogado pelo Decreto-Lei 321-B/90, de 15 de Outubro ) não podia ter sido deferido sem que estivesse decidido se a renda a pagar era a condicionada ou a que anteriormente vigorava, sendo então esta, e não aquela, a exigível...
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