Acórdão nº 9850026 de Court of Appeal of Porto (Portugal), 21 de Maio de 1998
Magistrado Responsável | TEIXEIRA RIBEIRO |
Data da Resolução | 21 de Maio de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU90 ART64 N1 A ART22 N1 ART58. CCIV66 ART1041 N1 N2 ART1048.
Jurisprudência Nacional: AC STJ DE 1988/03/09 IN BMJ N375 PAG380. AC RL DE 1985/12/19 IN BMJ N359 PAG764. AC RP DE 1985/05/07 IN CJ T3 ANOX PAG239. AC RP DE 1986/12/09 IN CJ T5 ANOXI PAG238.
Sumário: I - Sendo o não pagamento da renda, no tempo e lugar próprios, um dos fundamentos legais da resolução do contrato de arrendamento pelo senhorio - artigo 64 n.1 alínea a) do Regime do Arrendamento Urbano -, o locatário só obstará à resolução se ( fora da situação prevista no artigo 1041 n.2 do Código Civil ), até à contestação da acção destinada a fazer valer o direito de resolução, pagar ou depositar as somas devidas e a indemnização referida no n.1 do artigo 1041 ( esta equivale a 50% do que for devido ), caso em que fará caducar o direito de resolução. II - Constituem as " somas devidas " a que alude o artigo 1048 do Código Civil, todas as rendas vencidas até ao termo do prazo da contestação, quer anteriores, quer posteriores à propositura da acção. III - Tendo sido...
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