Acórdão nº 079745 de Supremo Tribunal Administrativo (Portugal), 06 de Dezembro de 1990 (caso None)
Magistrado Responsável | PEREIRA DA SILVA |
Data da Resolução | 06 de Dezembro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR REGIS NOT.
Legislação Nacional: DL 328/81 DE 1981/12/04 ART3. CCIV66 ART1051 E ART1111 NA REDACÇÃO DO DL 293/77 DE 1977/07/20. DL 293/77 DE 1977/07/20 ART27. L 46/85 DE 1985/09/20 ART28. DL 321-B/90 DE 1990/10/16 ART85 ART90. CRC78 ART5 ART261.
Jurisprudência Nacional: AC RE DE 1983/10/06 IN CJ 1983 TIV PAG320. ASS STJ DE 1984/10/16 IN DR IS DE 1984/10/27.
Sumário : I - Para que o arrendamento se transmita aos parentes ou afins do arrendatario, no caso de morte deste e necessario: 1 - que se trate de parentes ou afins na linha recta; 2 - que esses parentes tenham convivido com o arrendatario na casa arrendada; 3 - que essa convivencia tenha durado por prazo não inferior a um ano; 4 - que esse ano se tenha verificado durante o ano anterior a morte do arrendatario (artigo 1111 do Codigo Civil na redacção do Decreto-Lei n. 293/77 - - artigo 27 - e artigo 85 do Decreto-Lei n. 321-B/90, de 16 de Outubro). II - Deste modo, o sucessor tem de ter, pelo menos durante o ano que precede a...
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