Acórdão nº 0046971 de Supremo Tribunal Administrativo (Portugal), 10 de Março de 1992 (caso None)
Magistrado Responsável | SOUSA INES |
Data da Resolução | 10 de Março de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR TRIB - DIR FISC.
Legislação Nacional: CSISD58 ART146. CCIV66 ART767 N1 ART768 N1 ART1093 N2 C.
Sumário: O disposto no artigo 146 do Código da Sisa não justifica a suspensão da instância de acção de despejo; aliás, na acção de despejo, a legitimidade do autor deriva de ser senhorio, não sendo de questionar o direito de propriedade. Para poder funcionar a excepção do artigo 1093, n. 2 c) do Código Civil é necesssária a manutenção do agregado familiar, não obstante os seus membros residirem em locais diferentes, a não desintegração da família, a permanência dos laços económicos a ligar aos seus membros. O facto de o senhorio receber...
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