Acórdão nº 9820198 de Court of Appeal of Porto (Portugal), 24 de Março de 1998
| Magistrado Responsável | NORMAN MASCARENHAS |
| Data da Resolução | 24 de Março de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: DL 171/79 DE 1979/06/06 ART1 ART4 N2 ART11 N1 N2 ART8 N1 ART10 N1 N3 ART16 ART26 ART27. CCIV66 ART280 N1 ART286 ART295 ART801 N2 ART810.
Jurisprudência Nacional: AC RC DE 1989/06/29 IN CJ T4 ANOXIV PAG63. AC RC DE 1997/05/20 IN CJ T2 ANOXXII PAG17. AC RL DE 1991/07/04 IN CJ T4 ANOXVI PAG170. AC RC DE 1993/11/23 IN CJ T5 ANOXVIII PAG41. AC RC DE 1994/02/24 IN CJ T1 ANOXIX PAG139. AC STJ DE 1994/11/17 IN BMJ N441 PAG274. AC STJ DE 1993/03/09 IN CJSTJ T1 ANOI PAG2.
Sumário: I - No contrato de locação financeira, o locador conserva sempre a propriedade da coisa locada se o locatário não exercer, atempadamente, o direito opcional à compra. II - É válida a cláusula que permite ao locador exigir do locatário, em caso de resolução contratual, para além das rendas vencidas...
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