Acórdão nº 0310889 de Court of Appeal of Porto (Portugal), 25 de Fevereiro de 1991
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 25 de Fevereiro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART329. CPC67 ART298 N2 ART73 ART85 N1 ART267 N1 ART517 ART526 ART201 N1. DL 385/88 DE 1988/10/25 ART19 ART37.
Jurisprudência Nacional: AC STA DE 1974/04/26 IN BMJ N242 PAG348.
Sumário: I - A segunda parte do nº 2 do artigo 19 do Decreto-Lei nº 385/88, de 25 de Outubro, deve entender-se aplicável aos casos em que, decorridos os 60 dias posteriores à comunicação da denúncia do contrato pelo senhorio ao arrendatário, este não faça a entrega do prédio arrendado, caso não tenha intentado a acção a que alude o nº 1 do mesmo artigo; II - Por outro lado, para que o arrendatário consiga obstar à efectivação da denúncia pelo senhorio não basta que aquele intente, dentro dos 60 dias posteriores à referida comunicação, a mencionada acção: é necessário que esta venha a proceder, isto é, que nela - como diz a lei - ele " prove que o despejo põe em risco sério a sua subsistência económica e a do seu agregado familiar "; III - Assim, em rigor, o senhorio só pode requerer a passagem do mandato para a execução do despejo, a que se faz menção na segunda parte daquele nº 2, caso se verifique uma de duas hipóteses: a) ter decorrido aquele prazo de 60 dias sem que o arrendatário tenha entregue o prédio ao senhorio, nem proposto a referida acção de oposição à...
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