Acórdão nº 084334 de Supremo Tribunal de Justiça (Portugal), 13 de Outubro de 1993
Magistrado Responsável | SOUSA MACEDO |
Data da Resolução | 13 de Outubro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART820. CPC67 ART848 ART856 N2.
Sumário : I - Havendo uma acção de despejo, cujo fundamento é a falta de pagamento de rendas, anterior à penhora do direito ao arrendamento e trespasse, a senhoria não mantém a faculdade de rescindir o contrato, em virtude de o despejo exigir prévio "dictum" judicial e por a lei prever a faculdade de expurgar a mora no prazo da contestação. II - Do disposto no artigo 820 do Código Civil, resultam as seguintes consequências: - a acção de despejo devia ter sido posta também contra o depositário nomeado no auto de penhora; - a exequente tinha legitimidade para intervir como parte principal; - a cominação resultante da revelia do executado foi ilegítima por ter sido retirado a este, pela penhora, a disponibilidade do direito; - a...
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