Acórdão nº 0069831 de Court of Appeal of Lisbon (Portugal), 09 de Novembro de 1993
Magistrado Responsável | GUILHERME IGREJA |
Data da Resolução | 09 de Novembro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: ANTUNES VARELA DAS OBRIGAÇÕES EM GERAL V2 PAG246.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART12 N2 ART1051 N1 A ART1083 ART1095. DL 321-B/90 DE 1990/10/15 ART3 N1 A.
Jurisprudência Nacional: AC RL DE 1991/07/02 IN CJ T4 PAG159. AC STJ DE 1981/12/10 IN RLJ ANO117 PAG316. AC RL DE 1986/03/11 IN CJ T2 PAG98. AC RP DE 1990/04/05 IN CJ T2 PAG229. AC RL DE 1993/01/21 IN CJ T1 PAG120. AC STJ DE 1986/11/13 IN BMJ N361 PAG496. AC RC DE 1989/05/02 IN BMJ N387 PAG663. AC RP DE 1990/07/05 IN BMJ N399 PAG574.
Sumário: I - A denúncia, assentando na manifestação de vontade receptícia de um dos contraentes, determina a caducidade do contrato (art. 1051, alínea a, CC), com a observância dos efeitos entretanto produzidos, e daí que o respectivo direito seja aferido pela lei vigente à data da sua invocação e não da constituição do contrato (art. 12 n. 2, CC). II - A acção foi intentada no domínio do RAU, aprovado pelo art. 1 do DL 321-B/90, de 15 Outubro, que é expresso quanto à indicação da legislação revogada e ressalva da aplicação da mesma a determinadas situações, sendo certo que os arts. 1083 e 1095 se mostram revogados pelo art. 3, n. 1, a), desse DL, e que a denúncia do arrendamento está subtraída ao âmbito de tais situações (RL,2.7.91,IV-159). III - A expressão "o armazém arrendado é destinado a arrecadações diversas" constante do contrato escrito de arrendamento, tanto comporta o sentido de a...
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