Acórdão nº 0061202 de Court of Appeal of Lisbon (Portugal), 08 de Outubro de 1992
Data | 08 Outubro 1992 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART4 N2 A. CCIV66 ART343 N1 ART1022.
Sumário: I - Na acção declarativa de simples apreciação negativa, na qual o autor pretende obter a declaração da inexistência de um direito ou de um facto, compete ao réu a prova da existência do direito que se arroga e não ao autor a prova da inexistência do direito (artigo 343, n. 1, C.Civil). II - Tal situação corresponde à existência de um contrato de arrendamento (artigo 1022, C.Civil), em relação ao qual o réu não logrou provar que tivesse havido um acordo de vontades entre ele e os anteriores proprietários do andar no sentido da constituição da relação jurídica do arrendamento. III -...
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