Acórdão nº 0055571 de Court of Appeal of Lisbon (Portugal), 29 de Setembro de 1992
Magistrado Responsável | ADRIANO MORAIS |
Data da Resolução | 29 de Setembro de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART522 N1 ART712 N1 A. CCIV66 ART1060 ART1096 ART1098. L 55/79 DE 1979/09/15. DL 321-B/90 DE 1990/10/15 ART69 ART71 ART107.
Sumário: I - Entre as mesmas partes, com as mesmas posições processuais, numa acção movida ao abrigo dos artigos 1096 e 1098 do Código Civil, é invocável a factualidade provada em anterior acção de reivindicação, relativas, uma e outra, à mesma fracção predial autónoma (artigo 522 n. 1, do Código de Processo Civil). II - Provando-se que a constituição da propriedade horizontal data de 1981, que o Autor foi o inquilino da fracção predial autónoma até 1982, época em que a comprou, e que o despejando foi sub-locatário do Autor-inquilino, não tem aplicação a excepção do artigo 1 da Lei n. 55/79, de 1979/09/15, sendo que, em todo o caso, a situação é passível de...
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