Acórdão nº 0040221 de Supremo Tribunal Administrativo (Portugal), 26 de Fevereiro de 1991 (caso None)
Magistrado Responsável | SOUSA INES |
Data da Resolução | 26 de Fevereiro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: VAZ SERRA IN RLJ ANO106 PAG315.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART13 N1 ART342 N2 ART343 N1 ART344 ART1096 N1 A ART1098 N1 B. RAU90 ART69 N1 A ART71 N1 B. L 42/90 DE 1990/08/10 ART2 A.
Jurisprudência Nacional: AC STJ DE 1984/01/19 IN BMJ N333 PAG373. AC RL DE 1979/05/24 IN BMJ N290 PAG454. AC RP DE 1981/05/07 IN BMJ N307 PAG303. AC RE DE 1983/10/13 IN CJ ANOVIII T4 PAG322.
Sumário: I - O requisito do artigo 1098 n. 1 alínea b), do Código Civil, preenche-se provando o senhorio as circunstâncias concretas em que vive - e que são de tal suceder na que não seja casa própria ou arrendada - não tendo o inquilino feito a prova de que, apesar disso, o senhorio possuí, em dado local dessa área, uma concreta casa própria ou arrendada onde pode habitar. II - O artigo 71 n. 1 alínea b) do regime aprovado pelo Decreto-Lei n. 321-B/90, de 15 de Setembro, enquanto, para efeitos de denúncia do arrendamento, faz equivaler à falta de...
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