Acórdão nº 0039921 de Supremo Tribunal Administrativo (Portugal), 04 de Fevereiro de 1992 (caso None)
Magistrado Responsável | COUTINHO DE FIGUEIREDO |
Data da Resolução | 04 de Fevereiro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: PIRES DE LIMA IN RLJ ANO101 PAG96. RT ANO87 PAG442. RT ANO86 PAG137.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: L 2030 DE 1948/06/22 ART46 ART83. L 1662 DE 1924/09/04 ART1 PAR1 N3. DL 5411 DE 1919/04/17 ART46 ART58. CCIV66 ART1054 ART1111.
Sumário: I - Nos diplomas que sucessivamente vieram regular a matéria da locação, encontra-se consagrada a regra da caducidade do contrato de arrendamento por óbito do arrendatário, a qual, porém, admite excepções. II - Na vigência da Lei 2030, de 22 de Junho de 1948, a Lei aplicável à transmissão "mortis causa" do direito ao arrendamento era a que vigorasse à data da morte do arrendatário. III - Não sendo o inquilino, falecido a 22 de Fevereiro de 1964, no domínio da Lei n. 2030, de 22 de Junho de 1948, o primitivo arrendatário, não podia aquele transmitir o...
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