Questão jurídica principal
Whether Art. 253b para. 3 CO barred the civil court from ordering repayment because the property was subject to LCAP control.
Decisão extraída
The civil court retained jurisdiction over the rent increases notified before the public-law control regime took effect; Article 253b para. 3 CO did not prevent civil consequences from being drawn from their nullity.
Fundamentação extraída
The contested increases were notified before the measures under LCAP applied, so their validity remained a matter for civil courts. The court did not set post-control rents; it only addressed the civil consequences of earlier null increases.