Acórdão nº 0063111 de Court of Appeal of Lisbon (Portugal), 02 de Dezembro de 1992
Magistrado Responsável | AFONSO DE MELO |
Data da Resolução | 02 de Dezembro de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: CUNHA DE Sá IN CADUCIDADE DO CONTRATO DE ARRENDAMENTO V2 PAG259 - L ROSENBERG IN TRATADO DE DERECHO PROCESAL CIVIL T2 PAG222.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART342 N1 N2 ART1051 N1 D ART1111. CPC67 ART487 N2 ART493 N3.
Jurisprudência Nacional: AC RL DE 1968/05/29 IN JR 14 PAG752.
Sumário: I - A "NORMENTHEORIE" foi consagrada substancialmente no nosso Código Civil. II - A regra é a caducidade do arrendamento (art. 1051, n. 1, alínea d), do Código Civil), configurando-se a transmissão prevista no art. 1111 uma excepção a essa regra. III - Trata-se, pois, de uma norma favorável àquele contra quem é invocada a caducidade, cabendo-lhe o ónus da respectiva prova nos...
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