Acórdão nº 065663 de Supremo Tribunal de Justiça (Portugal), 16 de Maio de 1975
Magistrado Responsável | BOGARIM GUEDES |
Data da Resolução | 16 de Maio de 1975 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART216 N1 N3 ART352 ART360 ART369 ART502 ART566 N1 ART790 N1 ART798 ART801 ART1031 ART1036 ART1051 B F. CPC67 ART400 N1 ART502 ART663.
Sumário : I - Os factos supervenientes a que se refere o artigo 663 do Codigo de Processo Civil, e que a mesma disposição legal indica como devendo ser tomados em consideração nas decisões finais, não podem ser atendidos, se tiverem como efeito postergar o direito adquirido em virtude de factos ocorridos em momento anterior. II - a) Os donos dos imoveis dados de arrendamento apenas estão obrigados a garantir o gozo da coisa para os fins para que foi locada, fazendo nela, para tanto, as obras em ordem a evitar a sua perda, ou seja, as benfeitorias necessarias e as reparações a que se referem os artigos 216, n.3, e 1036 do Codigo Civil. b) Verificando-se a impossibilidade no predio locado de se proceder a exploração a que o mesmo foi destinado, por impossibilidade de cumprimento por parte do senhorio, que e o de facultar o gozo da coisa tendo em vista os fins para que foi arrendada, verifica-se a caducidade do contrato de arrendamento nos termos do n. 1 do artigo 790 do...
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