Acórdão nº 078928 de Supremo Tribunal Administrativo (Portugal), 09 de Maio de 1990 (caso None)
Magistrado Responsável | BEÇA PEREIRA |
Data da Resolução | 09 de Maio de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV. DIR CIV - DIR CONTRAT / DIR REAIS.
LegislaÁ„o Nacional: CPC67 ART393 ART722 N2 ART729 N2 ART982. CCIV66 ART1022 ART1037 N2 ART1055 ART1087 ART1251 ART1279. DL 13/86 DE 1986/01/23 ART1.
Sum·rio : I - A afirmaÁ„o de que a requerida e de idade avanÁada n„o e um facto positivo, concreto e especificado, como aqueles que devem servir de estrutura a qualquer processo declarativo, mas sim uma conclus„o a inferir de factos n„o alegados e que exigiriam prova por algum dos meios do Codigo do Registo Civil, pelo que n„o se considera provado que a requerida seja de idade avanÁada. II - A falta de indicaÁ„o do prazo - terceiro elemento, exigido pelo artigo 1022 do Codigo Civil - n„o obsta a existencia do contrato de arrendamento, uma vez verificados os outros dois elementos do contrato, visto ser aplicavel o preceito supletivo do artigo 1087 do mesmo Codigo; n„o se poe sequer aqui um problema de integraÁ„o do negocio juridico. III - Integra denuncia do contrato de arrendamento, pelos arrendatarios, a declaraÁ„o verbal que estes fizeram a recorrida, em Novembro de 1986, de que entregariam a casa nos primeiros dias de Dezembro imediatamente seguinte, n„o obstante n„o ter sido feita com a antecedencia exigida pelos artigos 982 do Codigo de Processo Civil, e 1055 do Codigo Civil porque o pre-aviso foi instituido para protecÁ„o aqui da senhoria e esta...
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