Acórdão nº 1543/09.6YRLSB-7 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
| Magistrado Responsável | MARIA AMÉLIA RIBEIRO |
| Data da Resolução | 01 de Março de 2010 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMAR A DECISÃO Sumário: I.
O incidente de despejo imediato previsto no art. 58º do RAU pressupõe a existência de um contrato de arrendamento validamente celebrado.
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Declarado nulo por falta de forma o contrato de arrendamento comercial, tendo o R. mantido sempre o gozo do imóvel, há lugar à restituição do mesmo e ao pagamento de uma indemnização pela ocupação e uso, equivalente ao valor locativo do imóvel.
III.
Tendo o R. invocado incumprimento da parte contrária, mas omitindo a alegação de factos na contestação (que se vieram a provar...
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