Acórdão nº 067923 de Supremo Tribunal de Justiça (Portugal), 07 de Junho de 1979
Magistrado Responsável | JOSE MOURA |
Data da Resolução | 07 de Junho de 1979 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA. AGRAVO.
Decisão: NEGADA A REVISTA. NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART847 N2 ART848 ART1031 B. CPC67 ART274 N1 N2 B N3 ART487 ART979 N2.
Jurisprudência Nacional: AC STJ DE 1974/07/02 IN BMJ N239 PAG120.
Sumário : I - O uso de reconvenção, como meio processual, funda-se na existencia de um pedido a deduzir contra o autor, o que não se verifica quando o reu apenas alega que o credito por aquele invocado esta extinto por compensação; tratando-se, neste caso, de uma defesa por excepção, em que e invocada uma causa extintiva do direito do mesmo autor. II - A alinea b) do n. 2 do artigo 274 do Codigo de Processo Civil pressupõe a existencia de um pedido de quantia superior a necessaria para a extinção do credito do autor. III - Em acção para resolução do contrato de arrendamento por falta de pagamento de rendas, não impede o conhecimento da materia da compensação, invocada pelo reu, a circunstancia de, no titulo de arrendamento, constar que o inquilino não podera fazer obras no predio arrendado sem autorização escrita do senhorio, quando o mesmo inquilino alegar não so que o senhorio autorizou alguma das obras realizadas como ate que outras foram feitas por incumbencia deste. IV - A clausula mencionada, no tocante a exigencia de escrito, não pode ter relevancia em relação a obras destinadas a assegurar o gozo da coisa...
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