Acórdão nº 9830262 de Court of Appeal of Porto (Portugal), 30 de Abril de 1998
| Magistrado Responsável | CESARIO DE MATOS |
| Data da Resolução | 30 de Abril de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADA A DECISÃO. CONDENAÇÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART4 C ART494 I ART495 ART497 N1 ART498 N4. CCIV66 ART12 N2 ART1098 N1 C ART1405. RAU90 ART71 N1.
Sumário: I - O actual artigo 75 do Regime do Arrendameto Urbano - que eliminou a impossibilidade, prevenida no artigo 1098 n.1 alínea c) do Código Civil, de o senhorio usar mais de uma vez da faculdade de denunciar o contrato de arrendamento com fundamento na necessidade do arrendado para sua habitação - aplica-se aos arrendamentos subsistentes à data da sua entrada em vigor. II - Não existe caso julgado entre duas acções de despejo para efectivação da denúncia do contrato para habitação do senhorio, com as mesmas partes, se, na primeira, o autor invocou...
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