Acórdão nº 9110699 de Court of Appeal of Porto (Portugal), 04 de Junho de 1992
Magistrado Responsável | OLIVEIRA BARROS |
Data da Resolução | 04 de Junho 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 - RECURSOS.
Legislação Nacional: CCIV76 ART12 N2 ART342 N1 N2 ART376 N1 N2 ART1056 N1 ART1096 N1 A ART1098 N1 N2 ART1129 ART1137. RAU ART3 N1 A ART69 N1 A ART71 N2. L 55/79 DE 1979/09/15 ART2 N1. CPC67 ART137 ART201 ART463 N1 ART490 N1 ART510 N1 C ART511 N6 ART664 ART783 ART784 N2.
Sumário: I - Em processo sumario a consequencia da inobservancia do onus de contestar e a condenação de preceito e a da inobservancia do onus de (na contestação) impugnar os factos articulados na petição inicial e a de esses factos se considerarem admitidos por acordo. II - Actualmente a forma de reagir contra a falta de decisão de merito no saneador so pode ser o recurso que dele se interponha. III - Se não for interposto oportunamente recurso do despacho saneador (artigo 511, numero 6, segunda parte, do Codigo de Processo Civil) não pode este ser impugnado na apelação da subsequente sentença. IV - Pretendendo os autores denunciar o contrato de arrendamento para nele instalarem a sua habitação, so poderão obter ganho de causa se provarem, não so os requisitos cumulativamente previstos no numero 1 do artigo 71 do Regime de Arrendamento Urbano (e antes no numero 1 do artigo 1098...
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