Acórdão nº 0007561 de Court of Appeal of Lisbon (Portugal), 30 de Setembro de 1997
Magistrado Responsável | FOLQUE DE MAGALHÃES |
Data da Resolução | 30 de Setembro de 1997 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART224 N1 N2 ART342 N1 N2 ART1038 G ART1049.
Sumário: I - Invocando o autor, em acção de despejo, que tem direito à resolução do contrato de arrendamento com base em cessão realizada pelos réus sem que para tanto tenha dado autorização ou sem que lhe tenha sido comunicada tal cessão, cabe ao autor o ónus da prova da cessão e aos réus o da autorização ou da comunicação. II - A comunicação da cessão tanto pode provir do arrendatário cedente como do arrendatário cessionário. III - O autor senhorio, enquanto parte da relação negocial estabelecida com as rés suas inquilinas, tem o dever de as manter...
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