Acórdão nº 073924 de Supremo Tribunal de Justiça (Portugal), 04 de Março de 1986
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 04 de Março de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS CPC ANOTADO V5 PAG140. R BASTOS NOTAS AO CPC V3 PAG361. VARELA OBRIGAÇÕES 2ED PAG97.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT.
Legislação Nacional: CPC67 ART668 N1 B. CCIV66 ART342 N2 ART437 ART739 ART762 ART790 - ART799 ART1033 ART1035. L 76/77 DE 1977/09/29 ART2 N1 N2.
Sumário : I - O que a lei considera nulidade e a falta absoluta de fundamentação da decisão sobre a materia de facto, e, não, a insuficiencia ou mediocridade da motivação. II - A definição da interpretação dos contratos e da vontade dos contraentes e materia de facto da competencia das instancias, alheia a censura do Supremo Tribunal de Justiça. III - Todavia, o problema da sua interpretação na eventual esfera da responsabilidade civil e da competencia do Supremo Tribunal de Justiça. IV - Se a parte, com a celebração dum contrato se não obrigou ao cumprimento de determinada obrigação, nem esta decorre do principio da boa fe, face as regras da experiencia, jamais se podera dizer que ela não cumpriu o contrato por incumprimento dessa obrigação. V - A norma do artigo 2, n. 1, da Lei n. 76/77, de 29 de Setembro, constitui norma imperativa. VI - Assim, salvo quanto ao arvoredo a que se refere o n. 2 daquele preceito, o arrendamento rural abrangera, necessariamente, o terreno e o arvoredo e demais vegetação permanente que nele existir, possibilitando ao rendeiro o seu gozo exclusivo, tendo em vista os fins da exploração agricola, pecuniaria ou florestal, no ambito e para os fins do contrato. VII - O artigo 799 do Codigo Civil faz inverter o onus probandi da culpa do devedor apenas nos casos em que esteja ja demonstrado o...
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