Acórdão nº 076458 de Supremo Tribunal Administrativo (Portugal), 25 de Outubro de 1988 (caso None)
Magistrado Responsável | ELISEU FIGUEIRA |
Data da Resolução | 25 de Outubro de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: ORDENADA A BAIXA DO PROCESSO.
¡rea Tem·tica: DIR CIV - DIR REAIS. DIR PROC CIV.
LegislaÁ„o Nacional: CCIV66 ART483 ART566 N1 N3 ART1567 N1 ART1284. CPC67 ART668 N1 B D ART715 ART718 ART726 N1 ART731.
Sum·rio : I - Tendo havido esbulho contra a arrendataria e tendo o senhorio vendido o andar, tem este de indemnizar a arrendataria, visto ela ja n„o o poder ocupar, indemnizaÁ„o que a Autora pediu subsidiariamente. II - Sendo o acord„o omisso sobre esta quest„o, e de um esquematismo demasiado sucinto, sem analise detalhada da materia de facto e dos efeitos juridicos dela decorrentes, portanto tambem insuficientemente fundamentado, o mesmo e nulo nos termos do artigo 668, n. 1, alineas b) e d) do Codigo de Processo Civil. III - A indemnizaÁ„o deve ser fixada em dinheiro, sempre que a reconstituiÁ„o natural n„o seja possivel ou excessivamente onerosa - artigo 566, n. 1 do Codigo Civil, tendo como medida a diferenÁa entre a situaÁ„o patrimonial do lesado, na data mais recente...
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