Acórdão nº 0069821 de Court of Appeal of Lisbon (Portugal), 25 de Maio de 1993
Magistrado Responsável | JOAQUIM DIAS |
Data da Resolução | 25 de Maio de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART342. CPC39 ART978 C ART979. CPC67 ART446 N1 ART516. RAU90 ART22 N2 ART55 ART56 ART58 N2 N3.
Sumário: As rendas vencidas na pendência da acção de despejo por falta de pagamento de rendas são as que se vencerem após o termo do prazo da contestação. Nos termos do artigo 58, n. 3, do RAU, desde que feita a prova do depósito das rendas vencidas na pendência da acção de despejo, até ao termo do prazo da resposta do réu, caduca o direito de pedir o despejo imediato. Se tal depósito tiver sido feito anteriormente ao requerimento do senhorio para despejo imediato, as custas ficam a cargo deste. A acção incidental regulada no artigo 58 tem a dupla natureza de medida...
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