Acórdão nº 9851340 de Court of Appeal of Porto (Portugal), 12 de Abril de 1999
Magistrado Responsável | PINTO FERREIRA |
Data da Resolução | 12 de Abril de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. REVOGADA PARCIALMENTE.
Indicações Eventuais: A DATA DA APELAÇÃO É DE 25 DE MARÇO DE 1998.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU90 ART56 N3 ART64 N1 B. CPC67 ART274 N2. CCIV66 ART1031.
Jurisprudência Nacional: AC RL DE 1996/01/18 IN CJ T1 ANOXXI PAG92.
Sumário: I - É hoje entendimento generalizado da jurisprudência que na acção de despejo a reconvenção só é admitida nos casos previstos no n.3 do artigo 56 do Regime do Arrendamento Urbano. II - Não podem os demandados em acção de despejo deduzir reconvenção em que pedem a declaração do direito de propriedade do prédio arrendado e a despejar, que adquiriram por acessão industrial imobiliária. III - Para intentar acção de despejo com...
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