Acórdão nº 9050173 de Court of Appeal of Porto (Portugal), 23 de Outubro de 1990
| Magistrado Responsável | MATOS FERNANDES |
| Data da Resolução | 23 de Outubro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: CITA ENTRE OUTROS P LIMA E A VARELA IN COD CIV ANOTADO T2 EDIÇÃO 3 PAG529.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART1084 ART1028 N1 N2 N3. L 76/77 DE 1977/09/29 ART2 N1 ART54. DL 385/88 DE 1988/10/25 ART3 N1. DL 201/75 DE 1975/04/15 ART46.
Jurisprudência Nacional: AC RP DE 1983/01/18 IN CJ T1 ANOVIII PAG206. AC STJ DE 1988/06/01 IN BMJ N378 PAG728.
Sumário: I - A situação traduzida num contrato verbal celebrado no início de 1980 entre o dono de um prédio rústico e de uma casa a ele junto e outrem, mediante o qual este, com trabalho seu e do seu agregado familiar, passou a cultivar o prédio rústico, repartindo com aquele certos produtos agrícolas, e passou a habitar a casa, contra uma renda em dinheiro que foi actualizada em 1987, integra não um contrato misto de arrendamento e parceria agrícola que implique a controvérsia sobre o campo de aplicação do artigo 1084 do Código Civil em confronto com o artigo 2, número 1 da Lei número 76/77, de 29 de Setembro, mas antes a previsão consagrada no número 1 daquele...
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