Acórdão nº 9830798 de Court of Appeal of Porto (Portugal), 13 de Maio de 1999
| Magistrado Responsável | PINTO DE ALMEIDA |
| Data da Resolução | 13 de Maio de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU90 ART22 N1 ART25 N1 ART64 N1 A. CCIV66 ART762 ART841 N1 ART1041 N2 ART1048 ART1042 N2.
Jurisprudência Nacional: AC RE DE 1981/10/15 IN CJ T4 ANOVI PAG279. AC RL DE 1983/10/27 IN CJ T4 ANOVIII PAG161.
Sumário: I - A consignação em depósito só é relevante como causa de extinção da obrigação de pagamento da renda quando: a) sem culpa sua, o arrendatário não puder efectuar a prestação, ou não puder fazê-lo com segurança, por qualquer motivo relativo à pessoa do senhorio; b) o senhorio estiver em mora. II - É ao inquilino que incumbe provar a existência de qualquer desses casos; não provando, é de decretar a resolução do contrato de arrendamento com fundamento na falta de pagamento de rendas, embora estas tenham sido depositadas dentro do prazo legal para a sua satisfação. III - Constituindo-se o locatário em mora, o locador tem o direito de...
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