Acórdão nº 0070541 de Court of Appeal of Lisbon (Portugal), 28 de Setembro de 1993
Magistrado Responsável | BETTENCOURT FARIA |
Data da Resolução | 28 de Setembro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART646 N4. CCIV66 ART1041 ART1093 N2 C ART1109 N2.
Jurisprudência Nacional: AC STJ DE 1969/11/07 IN BMJ N191 PAG219. AC RL DE 1969/07/18 IN JR 1969 T5 PAG726. AC RP DE 1982/10/28 IN BMJ N320 PAG453.
Sumário: I - Ao julgador da matéria de facto cumpre apenas decidir sobre fenómenos da natureza ou manifestações concretas dos seres vivos, nomeadamente actos e factos dos homens, no que se não incluem as conclusões ou ilações. A conclusão de facto é assimilada à questão de direito. O saber se diversas pessoas vivem ou não em economia comum, para efeitos do disposto no artigo 1093 número 2 alínea c) do Código Civil, é uma conclusão a retirar da forma como essas pessoas vivem. II - Para efeitos do disposto no artigo 1093 número 2 alínea c) do Código Civil, são familiares os parentes que vivam habitualmente em comunhão de mesa e habitação com o locatário, tal comunhão significa uma dependência económica dos familiares em relação ao locatário. As mais das vezes, coincidirão as situações de dependência económica e economia comum, o que não quer dizer que aconteça com os respectivos conceitos. Pode haver economia comum sem que haja dependência...
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