Acórdão nº 5644/11.2TBMAI-A.P1 de Court of Appeal of Porto (Portugal), 22 de Março de 2012
Magistrado Responsável | PEDRO LIMA COSTA |
Data da Resolução | 22 de Março de 2012 |
Emissor | Court of Appeal of Porto (Portugal) |
Processo 5644/11.2TBMAI-A Juiz Relator: Pedro Lima da Costa Primeiro Adjunto: Des. Filipe Caroço Segundo Adjunto: Des. Maria Amália Santos Acordam os Juízes do Tribunal da Relação do Porto.
No requerimento executivo a exequente alega, sumariamente, os seguintes factos: A exequente é senhoria de uma loja arrendada à executada, mediante contrato de 28/7/2008; A renda mensal é de 922,50€, verba que inclui Imposto sobre o Valor Acrescentado (IVA) à taxa de 23%; A executada não pagou as rendas dos meses de Abril de 2010 a Agosto de 2011 [17 mensalidades] e deve 15.682,50€, à qual acrescem juros, sendo os vencidos no montante de 627€; A executada deve ainda à exequente a quantia de 667,64€ de consumo de energia; Por notificação avulsa efectuada em 9/3/2011, a executada foi notificada, nos termos dos art. 9 n° 7 da Lei 6/2006, de 27/2, e arts. 1083 n° 3 e 1084 n° 1 do Código Civil, da resolução do contrato de arrendamento com fundamento no não pagamento de rendas de Abril de 2010 até Fevereiro de 2011 [11 rendas], mas até à presente data não entregou a loja; Deve ainda a executada à exequente as rendas que se vencerem, no montante mensal de 922,50€, até entrega do arrendado.
Para os efeitos do art. 15 da Lei 6/2006, a exequente apresenta como título executivo cópia do instrumento de notificação avulsa à executada, certidão de notificação correspondente com data de 9/3/2011 e cópia do contrato de arrendamento.
3- Apresentando como título executivo o contrato de arrendamento celebrado entre as partes acompanhado do comprovativo de comunicação ao arrendatário do montante em dívida, designadamente, a notificação judicial avulsa, cumprindo-se, desta forma, o artigo 15º, nº 1, al. e) do NRAU. Sucede que, 4- No despacho que ora se recorre, entendeu o Meritíssimo Juiz que deveria ser indeferido parcialmente o pedido executivo, uma...
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