Acórdão nº 0123430 de Court of Appeal of Porto (Portugal), 30 de Abril de 1991
Magistrado Responsável | RAMOS DA FONSECA |
Data da Resolução | 30 de Abril de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A SENTENçA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART1040 N3 ART1096 ART1098 N2. DL 321-B/90 DE 1990/10/15 ART69 N1 A ART71 N1 A B N2.
Jurisprudência Nacional: AC RP DE 1974/12/04 IN BMJ N242 PAG357. AC RP DE 1978/05/30 IN CJ T3 ANOIII PAG855. AC RL DE 1985/05/30 IN CJ T3 ANOV PAG179. AC RE DE 1980/02/14 IN BMJ N346 PAG321. AC STJ DE 1981/12/15 IN BMJ N312 PAG277.
Sumário: I- Para efeito da denuncia do arrendamento para habitação propria do senhorio, devem considerar-se como seus familiares as pessoas referidas no n.3 do artigo 1040, do Codigo Civil. II- A alinea a) do n.1, do artigo 69 do R. A. U. (Decreto- -Lei n. 321-B/90 de 15 Outubro) ao alargar o direito de denuncia aos filhos do senhorio, sem exigir que dependam economicamente do pai, consagrou o principio, para prova da necessidade da casa, de que os familiares...
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