Acórdão nº 079026 de Supremo Tribunal de Justiça (Portugal), 06 de Dezembro de 1990
Magistrado Responsável | MOREIRA MATEUS |
Data da Resolução | 06 de Dezembro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT / DIR REAIS.
Legislação Nacional: CPC67 ART970. CCIV66 ART1111 ART1311 N2.
Sumário : I - E pelo pedido que se determina a propriedade ou impropriedade do meio processual empregado. No entanto, havera muitas vezes necessidade de recorrer a causa de pedir para, com segurança, se determinar qual a forma do processo adequado a situação concreta. II - O pedido de entrega ou restituição de um predio so tem que ser formulado em acção de despejo quando tiver por fundamento a denuncia, a resolução ou a caducidade de um contrato de arrendamento. III - O pedido so se fundamenta na caducidade quando a acção e proposta contra o inquilino que, não obstante a caducidade, se encontrava abusivamente no local arrendado ou contra aqueles que, não sendo inquilinos, ali residiam legitimamente enquanto o arrendamento subsistiu. IV - Se o autor alega que o reu so depois da morte do arrendatario passou a ocupar o predio, a acção de despejo não e a adequada a situação concreta. V - São dois os pedidos que integram e caracterizam a acção de reivindicação...
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