Acórdão nº 084331 de Supremo Tribunal Administrativo (Portugal), 10 de Maio de 1994 (caso None)
Magistrado Responsável | MARIO DA FONSECA |
Data da Resolução | 10 de Maio de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC TRIB PLENO.
Decisão: VERIFICADA A OPOSIÇÃO.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART1099 N1. L 2081 DE 1956/06/04 ART8. CEXP76 ART9 N2 ART36 N2.
Jurisprudência Nacional: AC RL DE 1979/05/29 IN BMJ N293 PAG420.
Sumário : I - Há oposição entre os acórdãos recorrido e fundamento quando: - no acórdão recorrido se escreveu: "... o artigo 1099 n. 1 do Código Civil não pode considerar-se aplicável ao caso, uma vez que é uma norma com campo de aplicação específico, em que as razões determinantes da possibilidade de denúncia e o facto de esta se desenvolver entre os dois titulares da relação jurídica impõem aquilo que poderemos considerar uma concessão, em benefício do senhorio, relativamente aos demais casos de extinção forçada do direito de arrendamento". - e no acórdão fundamento se decidiu: "... ora no artigo 36 n. 2 do Código das Expropriações estabelece-se que "o inquilino habitacional obrigado a desocupar o fogo, em consequência da caducidade do arrendamento...
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