Acórdão nº 068866 de Supremo Tribunal de Justiça (Portugal), 30 de Janeiro de 1981
Magistrado Responsável | ABEL DE CAMPOS |
Data da Resolução | 30 de Janeiro de 1981 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA OBG GER 2ED VII PAG102. VAZ SERRA BMJ N83 PAG102 RLJ ANO95 PAG365 ANO98 PAG276 ANO108 PAG222. C MENDES LIÇ OBG PAG594.
Área Temática: DIR CIV - DIR CONTRAT / DIR RESP CIV.
Legislação Nacional: CCIV66 ART496 ART564 ART798 ART1031 B. CPC67 ART661 N2 ART722 N2 ART729 N2 ART982 ART983.
Jurisprudência Nacional: AC STJ DE 1974/06/04 IN BMJ N238 PAG284. AC STJ DE 1975/11/18 IN BMJ N251 PAG148.
Sumário : I - E nula a estipulação verbal acessoria, que acompanhou um contrato de arrendamento, no sentido de o arrendatario se comprometer a entregar a casa ao senhorio logo que este dela necessitasse. II - Tal nulidade não afecta a validade do negocio. III - A renuncia ao direito a renovação do arrendamento, possivel a todo o tempo, teria de ser expressa, jamais podendo deduzir-se da declaração do arrendatario no sentido de não poder entregar a casa, sob qualquer motivo ou pretexto. IV - Faltando, culposamente, ao cumprimento da sua obrigação de assegurar ao arrendatario o gozo da casa locada para os fins habitacionais a que se destinava - artigo 1031, alinea b), do Codigo Civil -, tornaram-se os senhorios responsaveis...
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