Acórdão nº 96A471 de Supremo Tribunal de Justiça (Portugal), 04 de Março de 1997
Magistrado Responsável | RIBEIRO COELHO |
Data da Resolução | 04 de Março de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: P FURTADO IN MANUAL DO ARRENDAMENTO URBANO PAG636. M CORDEIRO IN NOVO REGIME DO ARRENDAMENTO URBANO 1990 PAG41.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART12 N1 N2 ART216 ART236 ART237 ART329 ART1036 ART1045 ART1046 ART1051 N1 N2 C ART1053 ART1056 ART1273-ART1275. RAU90 ART51 ART66 N1 N2 ART90 ART91 ART92 ART94 N1 N4 ART95. DL 321-B/90 DE 1990/10/15 ART5 N2. DL 328/81 DE 1981/12/04. DL 67/75 DE 1975/02/19. DL 496/77 DE 1977/11/25.
Jurisprudência Nacional: AC STJ PROC142/96 DE 1997/01/14. AC STJ DE 1984/11/15 IN BMJ N341 PAG423. AC RE DE 1977/05/10 IN CJ ANO1997 TII PAG546.
Sumário : I - As consequências da morte do senhorio usufrutuário, ocorrida em 1991, no que concerne à caducidade do arrendamento, devem ser apreciadas à luz do RAU90. II - O RAU, em vez da subsistência do arrendamento anterior, no caso de caducidade deste, por morte do usufrutuário, reconhece ao arrendatário o direito a um novo arrendamento mediante declaração escrita a enviar ao senhorio no prazo de 30 dias...
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