Acórdão nº 082762 de Supremo Tribunal de Justiça (Portugal), 20 de Abril de 1993
Magistrado Responsável | PAIS SOUSA |
Data da Resolução | 20 de Abril de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 201/75 DE 1975/04/15 ART44. CCIV867 ART1240 ART1299. DL 47344 DE 1966/11/25 ART11. L 76/77 DE 1977/09/29 ART30. L 77/77 DE 1977/09/29 ART73 N4. DL 385/88 DE 1988/10/25 ART34. CCIV66 ART342 N2 ART406 N2 ART1311 N2.
Sumário : I - Segundo o Código de Seabra havia parceria agrícola, quando alguma pessoa dava a outrém algum prédio rústico para ser cultivado por quem o recebia, mediante o pagamento de uma quota de frutos que entre si acordassem. II - O novo Código Civil mandou aplicar à parceria agrícola as regras do arrendamento rural, eliminando aquele, que veio, mais tarde a ser proíbido e substituido pelo arrendamento rural. III - Não se descortina na lei que um simples rendeiro agrícola possa celebrar com um terceiro um contrato de parceria agrícola, sobre um prédio rustico que lhe foi arrendado, tendo apenas o direito a utilizar a terra arrendada em função de uma exploração agrícola...
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