Acórdão nº 9240920 de Court of Appeal of Porto (Portugal), 19 de Abril de 1993
Magistrado Responsável | SIMÕES FREIRE |
Data da Resolução | 19 de Abril de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1096 ART1098 ART12 ART1111. RAU ART107. L 55/79 DE 1979/09/15 ART2 N1. CPC67 ART663 N1 ART273 ART270. L 46/85 ART28.
Sumário: I - Existe a necessidade para habitação do senhorio necessária à denúncia do arrendamento para sua habitação desde que ele, mulher e filha habitem a casa dos pais dele, mesmo que esta disponha de espaço para tal. II - A denúncia do contrato de arrendamento não se destina a pôr-lhe termo, mas a evitar que ele se renove no fim do prazo. III - O artigo 107 do Regime do Arrendamento Urbano reformulou em parte o artigo 2 da Lei nº 55/79, estabelecendo que o direito de denúncia não pode ser exercido quando no momento em que deva produzir efeitos ocorra alguma das circunstâncias que enuncia. IV - Proposta uma acção para denúncia do arrendamento para habitação no domínio da Lei nº 55/79 e ainda nessa vigência contestada com a invocação da reforma ou invalidez do Réu marido, é aplicável esta Lei mesmo que...
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