Acórdão nº 0043122 de Court of Appeal of Lisbon (Portugal), 01 de Outubro de 1998
Magistrado Responsável | SILVA PEREIRA |
Data da Resolução | 01 de Outubro de 1998 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU90 ART22 ART29. CCIV66 ART1039 N1 ART1041 ART1042 ART1048.
Jurisprudência Nacional: AC RC DE 1984/04/26 IN CJ ANOIX N2 PAG57. AC RC DE 1985/11/26 IN CJ ANOX N5 PAG95.
Sumário: I - O depósito das rendas para ser liberatório tem de estar em consonância com as normas dos artigos 22 a 29 do RAU e 1041 e 1042 do CC. II - E, quando o depósito liberatório abranja a indemnização de 50% sobre o montante das rendas devidas, o direito do senhorio à resolução por falta de pagamento de renda, só caduca se não forem violados os mesmos artigos 22 a 29, e bem assim, o artigo 1048 do CC; III - O depósito feito sem que o seja à ordem do tribunal da situação do prédio ou do tribunal onde corre a acção de despejo ou feito em dependência da CGD que não seja a...
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