Acórdão nº 073702 de Supremo Tribunal de Justiça (Portugal), 07 de Outubro de 1986
Magistrado Responsável | SENRA MALGUEIRO |
Data da Resolução | 07 de Outubro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1051 N1 ART1111 N1.
Sumário : I - O contrato de arrendamento habitacional caduca, em principio, por morte do arrendatario, nos termos do artigo 1051 n. 1 do Codigo Civil. II - Contudo, o contrato de arrendamento habitacional não caduca por morte do arrendatario (ocorrida em 15 de Setembro de 1982) e o respectivo direito transmite-se se sobreviver parente na linha recta que com ele vivesse pelo menos ha um ano (redacção do artigo 1111 n. 1 do Codigo Civil na referida data). III - O conceito de "vivencia comum", contido no citado preceito legal (artigo 1111 n. 1 do Codigo Civil), fica preenchido, como pressuposto da transmissão do direito ao arrendamento, quando o parente ai referido tenha vivido...
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