Acórdão nº 197/08.1TBSRQ.L1-2 de Court of Appeal of Lisbon (Portugal), 26 de Novembro de 2009
| Data | 26 Novembro 2009 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMADA A DECISÃO Sumário: I - A procedência da pretensão da restituição da posse de imóvel ao seu locatário pressupõe a alegação e prova do contrato de locação (para além dos actos consubstanciadores do esbulho).
II - A restituição de um prédio objecto de arrendamento rural nos Açores não pode ser peticionada pelo locatário se o contrato não tiver sido reduzido a escrito, a menos que o autor alegue (e venha a provar) que a falta da redução do contrato a escrito é imputável ao outro contraente.
III - Para esse efeito é indiferente que a parte...
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