Acórdão nº 078727 de Supremo Tribunal de Justiça (Portugal), 03 de Maio de 1990
Magistrado Responsável | JOSE CALEJO |
Data da Resolução | 03 de Maio de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO. NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CPC67 ART690 N1. CCIV66 ART857 ART860 N2 ART1022 ART1029 N2 N3 ART1253.
Sumário : I - Declarada a nulidade do contrato de arrendamento comercial por falta de forma, na sequencia de arguição que so pode ser oposta como excepção pelo locatario (artigo 1029 do Codigo Civil), este não pode, por obediencia ao caso julgado, sustentar, em outra acção entre as mesmas partes, a validade do referido contrato. II - Criada entre as partes uma nova obrigação em substituição da antiga, verifica-se novação objectiva (artigo 857 do Codigo Civil), cujo regime juridico estabelece, para a hipotese de anulação ou declaração de nulidade da nova obrigação, a subsistencia da obrigação primitiva. III - Para efeito de deserção do recurso, não podem...
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