Acórdão nº 063126 de Supremo Tribunal de Justiça (Portugal), 07 de Julho de 1970
Magistrado Responsável | ALBUQUERQUE ROCHA |
Data da Resolução | 07 de Julho de 1970 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR REAIS / TEORIA GERAL.
Legislação Nacional: D 5411 DE 1919/04/17 ART17 ART25 ART65. CCIV66 ART12 ART216 N3 ART754 ART755 ART758 ART759 ART1079 ART1082 ART1273. L 1662 DE 1924/09/04. CCIV867 ART499 N4.
Sumário : I - Tendo dois lotes de uma herdade sido arrendados por contratos verbais e anuais em plena vigencia do Decreto n. 5411, de 17 de Abril de 1919, ficou integrado nesses contratos, por falta de estipulação em contrario, o preceito do artigo 65 daquele diploma. II - Assim, os referidos contratos não podem considerar-se alterados por disposições legais subsequentes, sem que estas expressamente se atribuissem eficacia retroactiva. III - O direito dos inquilinos a indemnização por benfeitorias, concedido por aquele artigo 65, não e prejudicado pelo facto de um arrendamento por prazo inferior a vinte anos ter durado mais de duas decadas merce de relocações. IV - Sendo o direito a indemnização conferido pelo mesmo artigo 65, a medida desta tera de determinar-se pela legislação ao tempo vigente, que era o paragrafo 4 do artigo 499 do Codigo Civil de 1867. V - Segundo este, o calculo do valor das benfeitorias e feito pelo custo delas, quando não exceda o valor do beneficio ao tempo da entrega, sendo este o valor maximo da indemnização. VI - Na vigencia do Codigo Civil de 1867 predominava o entendimento de que o direito de retenção so era reconhecido nos casos...
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