Acórdão nº 9630115 de Court of Appeal of Porto (Portugal), 13 de Junho de 1996
Magistrado Responsável | CESARIO DE MATOS |
Data da Resolução | 13 de Junho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO DO ANO DE 1993.
Área Temática: DIR PROC CIV.
Legislação Nacional: RAU90 ART83 ART84. CCIV66 ART1110 N1 ART1682-B.
Sumário: I - No caso de embargos de terceiro para defesa de uma situação de mera detenção - a casa locada -, a causa de pedir é a relação jurídica de mera detenção. II - Decretado o despejo contra o arrendatário de prédio urbano para habitação, são improcedentes os embargos de terceiro deduzidos pela ex-mulher do inquilino com base no requerimento feito ao Tribunal de Família para lhe ser atribuido o direito ao arrendamento da casa de morada de família : além de não estar demonstrado que esse direito lhe será atribuido, na data do requerimento já tinha sido decretada, em definitivo, a resolução do contrato, contrato este que não se comunica ao cônjuge. III - O regime do artigo 1682-B do Código Civil não tem aplicação quando a resolução do contrato é pedida...
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