Acórdão nº 9120658 de Court of Appeal of Porto (Portugal), 25 de Fevereiro de 1992
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 25 de Fevereiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1093 N1 D ART1094 ART1092 ART1043. RAU ART64 N1 D ART65. CPC67 ART487 N1 ART489 N1 ART490 N1 ART456 N2 N3 ART494.
Sumário: I - Não há obstáculo legal à cumulação da defesa por impugnação com a defesa por excepção, mesmo quando o reú impugna os factos que fundamentam o direito invocado pelo autor, cuja caducidade aquele excepciona; II - O conhecimento do facto a que se alude no artigo 1094 do Código Civil ( e no artigo 65, n. 1 do Regime do Arrendamento Urbano ) é o que respeita à materialidade factual que constitui o fundamento invocado na acção de resolução do contrato de arrendamento, segundo as diversas alíneas do n. 1 do artigo 1093 daquele Código ( ou do n. 1 do artigo 64 daquele Regime ); III - Assim, tratando-se do fundamento previsto no artigo 1094, n. 1, alínea d), aquele conhecimento refere-se à realização das obras ou à prática dos actos aí definidos e não às obras em si ou às consequências dos factos em si; IV - Se o senhorio tinha conhecimento da realização pelo inquilino de obras no prédio arrendado em termos de se integrar o fundamento daquele artigo 1093, n. 1, alínea d), mas só após três anos de ter tido esse conhecimento veio propor a acção de resolução, tem de...
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