Acórdão nº 075705 de Supremo Tribunal de Justiça (Portugal), 09 de Março de 1988
| Magistrado Responsável | FREDERICO BAPTISTA |
| Data da Resolução | 09 de Março de 1988 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART1038 N1 ART1039 ART1041 N1 N3 ART1048 ART1093 N1 A. CPC76 ART979.
Jurisprudência Nacional: AC STJ DE 1984/07/27 IN BMJ N339 PAG406.
Sumário : I - O montante do pagamento ou deposito das "somas devidas" a que se refere o artigo 1 048 do Codigo Civil inclui as rendas que se tenham vencido entre a data da propositura da acção destinada a resolver o contrato de locação e aquela em que a mesma acção for contestada. II - Os campos de aplicação do artigo 1048 do Codigo Civil e do artigo 979 do Codigo de Processo Civil não são antagonicos mas complementares, porquanto, não fazendo a ultima daquelas normas qualquer distinção, aplica-se em todas as acções de despejo, qualquer que seja o fundamento; mas se o despejo se baseia em...
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