Acórdão nº 9120624 de Court of Appeal of Porto (Portugal), 13 de Julho de 1993
Magistrado Responsável | SOUSA LEITE |
Data da Resolução | 13 de Julho de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: REVOGADA A DECISÃO. PROVIDO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR CIV - TEORIA GERAL - DIR CONTRAT.
Legislação Nacional: CCIV66 ART12 N1 ART296 ART297 ART1096 N1 A ART1097. L 55/79 DE 1979/09/15 ART2 ART4. RAU ART107.
Jurisprudência Nacional: AC RP DE 1991/11/18 IN CJ ANOXVI T5 PAG191. AC RP DE 1992/07/14 IN CJ ANOXVII T4 PAG236. AC RC DE 1992/11/24 IN CJ ANOXVII T5 PAG63.
Sumário: I - O conceito de necessidade a que alude a alínea a) do nº 1 do artigo 1096 do Código Civil não se basta com a mera comodidade ou conveniência por parte do senhorio. II - No entanto, já se poderá afirmar a necessidade daquele que tem a intenção de contrair matrimónio, propósito ainda não concretizado por falta de local para habitar. III - A doação do prédio locado feita pelos pais a seu filho, com vista a possibilitar que este venha a exercer o direito de denúncia, não se integra dentro da hipótese prevista no artigo 4 da Lei nº 55/79, de 15 de Setembro ( criação intencional dos requisitos da denúncia ): IV - O prazo de vinte anos a que alude a alínea b) do nº 1 do artigo 2 da mencionada Lei nº 55/79 deve ser reportado à data em que a denúncia deva produzir os seus efeitos, constituíndo a doutrina consagrada no artigo 107 do Regime do Arrendamento Urbano, quanto a esta matéria, interpretação autêntica daquele preceito, susceptível, por isso, de aplicação retroactiva. V - Se no momento do início da vigência do Regime do Arrendamento Urbano já tinha transcorrido o aludido prazo de vinte...
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