Acórdão nº 077256 de Supremo Tribunal de Justiça (Portugal), 27 de Abril de 1989
| Data | 27 Abril 1989 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART516 ART676 N1 ART690 ART716 N1 ART722 N1. CCIV66 ART280 ART286 ART349 ART1028 N1 N2 N3 ART1038 F G ART1046 ART1093 F ART1111 ART1113 ART1248 ART1273 ART2091.
Sumário : I - Em sede de recurso de revista não são de atender questões novas que não foram apreciadas nas Instâncias. II - Transitado o despacho saneador proferido em acção de despejo em que a ré foi considerada como inquilina, relativamente ao arrendamento posto em causa, manifesta é a sua legitimidade passiva. III - A resposta dada a um quesito, nela se afirmando que a ré "... cedeu a fruição e gozo de parte do locado..." não envolve necessariamente matéria de direito por forma a implicar o ser tal resposta dada por não escrita, dado tratar-se de locução com um sentido corrente ao alcance...
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