Acórdão nº 9631177 de Court of Appeal of Porto (Portugal), 27 de Fevereiro de 1997
Magistrado Responsável | PIRES CONDESSO |
Data da Resolução | 27 de Fevereiro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART487 N2. LAR88 ART3 N2 N3 N4 N5 ART35 N3 N5 ART36 N3.
Jurisprudência Nacional: AC STJ DE 1993/03/09 IN BMJ N425 PAG438. AC STJ DE 1990/01/09 IN CJSTJ T1 ANO4 PAG37.
Sumário: I - Numa acção declarativa em que o ex-arrendatário rural pede contra o ex-senhorio a condenação por benfeitorias que executou no terreno arrendado e invoca que o contrato não foi reduzido a escrito por recusa do senhorio já depois dele cessado, o Réu senhorio defende-se por excepção ( facto impeditivo ) ao invocar que a falta de redução a escrito do arrendamento é da responsabilidade do arrendatário que a recusou na vigência do contrato; assim, a falta de resposta a tal matéria importa a sua prova por acordo das partes. II - Tendo vigorado até 1994 um contrato de arrendamento rural, tinha o mesmo de ser obrigatoriamente reduzido a escrito sob pena de ocorrer o efeito consagrado no artigo 35 n.5 do Decreto-Lei 385/88, de 25 de Outubro. III - A parte que recusa a redução a escrito de tal...
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