Acórdão nº 069526 de Supremo Tribunal de Justiça (Portugal), 15 de Outubro de 1981
Magistrado Responsável | RODRIGUES BASTOS |
Data da Resolução | 15 de Outubro de 1981 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA. REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART668 N1 C ART716 N1 ART731 ART970 N1. CCIV66 ART1093 ART1094. DL 420/76 DE 1976/05/28 ART1.
Sumário : I - Tendo sustentado os réus, em acção com processo ordinário, que a forma de processo a adoptar era a do processo especial de despejo e tendo o Tribunal da Relação reconhecido ser essa a tese legal, por ser procedente a arguição do erro na forma do processo, não podia ser negado provimento ao respectivo recurso de agravo, interposto pelos réus, independentemente de serem ou não anulados os actos anteriores (artigo 970, n. 1, do Código de Processo Civil). II - Negado provimento a esse agravo pelo Tribunal da Relação, cometeu-se a nulidade do acórdão prevista na alínea c) do n. 1 do artigo 668, ex vi do disposto do n. 1 do artigo 716, a suprir pelo Supremo Tribunal de Justiça, de harmonia com o preceituado no artigo 731, n. 1, todos estes artigos do Código de Processo Civil. III - O artigo 1094 do Código Civil só é aplicável, como dele explicitamente consta, à acção de resolução, isto é, à acção pela qual o senhorio pede em juízo a resolução do contrato, fundada em qualquer das violações contratuais, por parte do locatário, previstas no artigo 1093 do mesmo diploma. IV - No caso em que o pedido de despejo se funda na...
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