Acórdão nº 0310482 de Court of Appeal of Porto (Portugal), 22 de Janeiro de 1991
| Magistrado Responsável | ALMEIDA E SILVA |
| Data da Resolução | 22 de Janeiro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CONST76 ART62 N1. CCIV66 ART1096 N1 ART1098 N1. DL 55/79 DE 1979/09/15 ART2 N1. RAU ART71 N1.
Jurisprudência Nacional: AC RL DE 1970/01/12 IN JR ANOXVI T1 PAG8. AC RE DE 1978/03/09 IN CJ ANOIII T2 PAG526. AC RP DE 1986/11/06 IN BMJ N361 PAG607.
Sumário: I - O facto de o senhorio ter casa insuficiente para as necessidades do seu agregado familiar preenche o requisito de " não ter casa própria ou arrendada " do artigo 1098, nº 1, alínea b) do Código Civil; II - Julgada improcedente no saneador a excepção de que o período de vinte anos, a que alude o artigo 2, nº 1, alínea b) do Decreto-Lei nº 55/79, de 15 de Setembro, se escoou na pendência da acção, designadamente na data a partir da qual poderia ter efeito a denúncia do contrato de arrendamento e tendo transitado em julgado esse despacho, não pode o apelante...
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