Acórdão nº 9831248 de Court of Appeal of Porto (Portugal), 19 de Novembro de 1998
Magistrado Responsável | PIRES CONDESSO |
Data da Resolução | 19 de Novembro de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART289.
Sumário: I - Sendo proposta uma acção com fundamento em contrato de arrendamento comercial válido e em que são pedidas rendas em atraso ( não pagas ) e quantias relativas a electricidade, água e condomínio que o arrendatário se havia obrigado a pagar, e contestada e decidida a nulidade formal daquele contrato, nada obsta à conversão daquela causa de pedir ( inicialmente na pressuposição de contrato válido ) para a fundamentada na nulidade do contrato por vício de forma, como tudo resulta do " Assento " n.4/95. II - Essa possibilidade surge mais reforçada nos casos em que a nulidade é suscitada pelo réu na contestação e o autor, na resposta, aceita a nulidade e diz que pode fundamentar os pedidos formulados. III - De acordo com aquele " Assento " a restituição deve ter lugar por força do artigo 289 n.1 do Código Civil, sem recurso ao instituto do enriquecimento sem causa. IV - Tal restituição deve...
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