Acórdão nº 9110830 de Court of Appeal of Porto (Portugal), 09 de Abril de 1992
Magistrado Responsável | COUTINHO DE AZEVEDO |
Data da Resolução | 09 de Abril de 1992 |
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: CCIV66 ART1093 N1 D ART1038 D. RAU ART64 N1 D.
Jurisprudência Nacional: AC STJ DE 1977/03/31 IN BMJ N265 PAG227. AC RC DE 1982/07/06 IN CJ ANOVI T4 PAG37.
Sumário: I - O senhorio pode resolver o contrato de arrendamento se o inquilino, sem consentimento escrito, do senhorio, fizer no prédio arrendado obras que alterem substancialmente a sua estrutura externa ou disposição interna das suas divisões. II - O vocábulo "substancialmente" concerne tanto as alterações de estrutura externa, como das divisões internas. III - Para se poder formular um juízo seguro na qualificação como substancial ou não das alterações na disposição interna das divisões, deve o julgador fazer uso de um critério de razoabilidade, considerando, por um lado, a boa fé do inquilino e o objectivo por ele tido em vista, e, por outro, a situação do senhorio que não pode sacrificar a estrutura do local às comodidades do arrendatário, sobretudo quando isso possa implicar uma diminuição do valor locativo. IV - Assim, não são de considerar como substanciais as alterações introduzidas no local arrendado, porquanto, por um lado, parece ser manifesta a boa fé do inquilino, os Correios e Telecomunicações de Portugal, que através de ofício deu conhecimento ao senhorio que iria realizar obras no locado, invocando inclusivamente a cláusula 5, do contrato de arrendamento, e...
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