Acórdão nº 084334 de Supremo Tribunal Administrativo (Portugal), 13 de Outubro de 1993 (caso None)
| Magistrado Responsável | SOUSA MACEDO |
| Data da Resolução | 13 de Outubro de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: PROVIDO.
¡rea Tem·tica: DIR PROC CIV - PROC EXEC.
LegislaÁ„o Nacional: CCIV66 ART820. CPC67 ART848 ART856 N2.
Sum·rio : I - Havendo uma acÁ„o de despejo, cujo fundamento È a falta de pagamento de rendas, anterior ‡ penhora do direito ao arrendamento e trespasse, a senhoria n„o mantÈm a faculdade de rescindir o contrato, em virtude de o despejo exigir prÈvio "dictum" judicial e por a lei prever a faculdade de expurgar a mora no prazo da contestaÁ„o. II - Do disposto no artigo 820 do CÛdigo Civil, resultam as seguintes consequÍncias: - a acÁ„o de despejo devia ter sido posta tambÈm contra o deposit·rio nomeado no auto de penhora; - a exequente tinha legitimidade para intervir como parte principal; - a cominaÁ„o...
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