Acórdão nº 063919 de Supremo Tribunal Administrativo (Portugal), 14 de Abril de 1972 (caso None)
Magistrado Responsável | JOÃO MOURA |
Data da Resolução | 14 de Abril de 1972 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR RESP CIV.
Legislação Nacional: CCIV66 ART9 ART483 ART565 ART798 ART1022 ART1031 B ART1032 ART1038 B C D E ART1043 ART1044 ART1093 N1 D. CPC67 ART661.
Sumário : I - O "predio" a que se refere a alinea d) do n. 1 do artigo 1093 do Codigo Civil e a unidade locativa - com as demais coisas, designadamente as de uso comum, que a integrem - - que tenha sido objecto do contrato de arrendamento. II - Age com culpa, por violação do disposto no artigo 1038, alinea d), do Codigo Civil, e e responsavel, nos termos do artigo 483 do mesmo Codigo, pelos danos causados, o locatario que utilizou um lavatorio da habitação locada cuja canalização sabia provocar infiltrações que causavam danos no andar inferior, que se opos a reparação da avaria por as obras incomodarem sua mulher doente e não ter garantia de a morada ficar na situação anterior a avaria, que retirou um tampão colocado na canalização como meio, em face da sua oposição as obras, de evitar as infiltrações, e que, depois, continuou a utilizar o...
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