Acórdão nº 085018 de Supremo Tribunal de Justiça (Portugal), 21 de Abril de 1994
Magistrado Responsável | SOUSA MACEDO |
Data da Resolução | 21 de Abril de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART432 N1 ART434 N1 N2 ART435 N1 N2 ART1045 N2 ART1047 ART1275 N2. RAU90 ART52 N1 ART53 N1 N2 ART54 N1 ART63 N2 ART70. CPC67 ART4 N2 C.
Sumário : I - O artigo 63 n. 3 do Regulamento do Arrendamento Urbano (Decreto-Lei n. 321-B/90) determina que a resolução do contrato de arrendamento fundada na falta de cumprimento pelo arrendatário tem que ser decretada pelo tribunal, pelo que a extinção da relação locatícia deve ser confirmada por via de sentença, obtida em acção declarativa constitutiva, correspondendo ao modelo previsto no n. 2 alínea c) do artigo 4 do Código de Processo Civil. II - O senhorio que pretende resolver a relação locatícia deve, conforme dita o n. 1 do artigo 53 do Regulamento do Arrendamento Urbano, interpelar o locatário, o que, nos termos do n. 2 do mesmo artigo, se faz por citação. III - Os efeitos da interpelação do arrendatário - ou seja, a sua citação - estão fixados nos artigos 52 n. 1 e 54 n. 1 do Regulamento do Arrendamento Urbano: põe termo ao contrato de arrendamento e...
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