Acórdão nº 0122055 de Court of Appeal of Porto (Portugal), 29 de Abril de 1991
Magistrado Responsável | AZEVEDO RAMOS |
Data da Resolução | 29 de Abril 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. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART334 ART349 ART1096 N1 A ART1098. L 55/79 DE 1955/09/15 ART4. CPC67 ART659 N3.
Jurisprudência Nacional: AC RP DE 1977/06/17 IN CJ T5 ANOII PAG1151.
Sumário: 1- O senhorio não goza do direito de denunciar o contrato de arrendamento pelo fundamento do art.1096, n.1, alinea a), do Codigo Civil, se intencionalmente causou a necessidade de habitação ( Art. 4 da Lei 55/79, de 15 de Setembro, então vigente ). 2- O art. 4 da Lei 55/79 visa evitar o estabelecimento fraudulento de situações de necessidade de habitação, as quais configuram fraude a lei, prevista como abuso de direito no art.334 do Codigo Civil. 3- As presunções judiciais, naturais ou de facto tem por base as lições da experiencia ou as regras de vida. O juiz, valendo-se de regras da experiencia, deduz de certo facto provado a existencia de outro, que denuncia ou revela como indice seguro. 4- Cabe sempre ao juiz extrair dos factos provados as suas consequencias logicas atraves de um juizo critico adequado, sendo isto que o n.3 do art.659 do C. P. C. quer siginficar quando impõe ao juiz que proceda " ao exame critico das provas de que lhe cumpra conhecer ". 5- Se os autores, tres anos apos terem comprado a casa, que estava arrendada aos reus para habitação, fazem cessar o arrendamento de que eram titulares, e so apos...
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