Acórdão nº 0069031 de Supremo Tribunal Administrativo (Portugal), 21 de Setembro de 1993 (caso None)
Magistrado Responsável | AMARAL BARATA |
Data da Resolução | 21 de Setembro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Indicações Eventuais: J A REIS COD PROC CIV ANOT V PAG331 ED 1981.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: L 55/79 DE 1979/09/15. RAU90 ART4 ART5 ART11 ART12 ART56 N3 ART107. CCIV66 ART12 N2 ART216 ART297 N1 ART342 ART1043 ART1092. CPC67 ART676 N1 ART686. DL 38382 DE 1951/08/07 ART9 ART12 ART31 ART83 ART101.
Jurisprudência Nacional: AC RL DE 1992/11/19 CJ 1992 V PAG124.
Sumário: I - O requerimento do recurso não é indeferível por ter sido apresentado antes de começar a correr o prazo para interposição. II - Antes da Lei 55/79, de 15 de Setembro, não existia limite temporal preclusivo do direito de denúncia do contrato de arrendamento pelo senhorio para constituição de habitação própria. III - A matéria de que se ocupou a Lei 55/79 e de que se ocupa o artigo 107 do RAU é daquelas que se subsumem na 2. parte do n. 2 do artigo 12 do Código Civil, pelo que o senhorio há-de poder valer-se do alargamento temporal posposto para o pressuposto negativo da alínea b) do n. 1 do artigo 107 do RAU. IV - É que aqui o legislador, reponderando o conflito de...
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