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Ação de despejo por falta de pagamento cumulada com cobrança de aluguéis e acessórios. Ação de rescisão de contrato cumulada com pedido de compensação de valores, depósito em juízo e antecipação de tutela. Contrato de locação em shopping center. Caso concreto. Matéria de fato. Conexão entre as ações. Julgamento conjunto. Alegação de que não houve reconhecimento pelo juízo a quo que não encontra amparo nos autos. Enriquecimento ilícito do Autor. Não há falar-se em enriquecimento sem causa do autor se não foi este quem provocou a resolução contratual. Notificação extrajudicial. Caracterização da mora. No caso dos autos, a mora da devedora se deu pelo não pagamento dos aluguéis e não pela notificação levada a efeito. Apelo desprovido. (TJ/RS - Ap. Cível n. 70014912398 - Comarca de Porto Alegre - 15a. Câm. Cív. - Ac. unân. - Rel: Des. Vicente Barrôco de Vasconcellos - j. em 03.05.2006 - Fonte: DJ/RS, 09.05.2006).
Apelação cível. Ação demarcatória. Lotes rurais. Linha divisória ultrapassada pelo lote vizinho. Demarcação. Utilização dos marcos remanescentes. Possibilidade. Decisão fundada em laudo pericial. Parcialidade do perito. Ausência de...
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