Acórdão nº 076479 de Supremo Tribunal de Justiça (Portugal), 16 de Dezembro de 1988
Magistrado Responsável | PINHEIRO FARINHA |
Data da Resolução | 16 de Dezembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: MARIO RAPOSO ARRENDAMENTO IN ENCICLOPEDIA VERBO N16 PAG294.
Área Temática: DIR CIV - DIR REAIS / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART659 N2. CCIV66 ART1022 ART1023 ART1422 N2 C.
Sumário : I - A limitação constante da alinea c) do n. 2 do artigo 1422 do Codigo Civil - proibição de os condominos darem a sua fracção uso diverso do fim a que e destinada - - respeita as relações entre os condominos, como resulta do n. 1 do mesmo artigo, pelo que a violação dessa proibição não integra nulidade de qualquer contrato celebrado pelo condomino infractor e terceiro e por aquele invocavel. II - Ao tribunal colectivo so e licito ocupar-se de materia de facto, pelo que a falta de referencia nas respostas dadas ao questionario a "arrendamento" e "renda", conceitos de direito dele constantes, não significa que o arrendamento não existia. III - A...
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