Acórdão nº 0040286 de Supremo Tribunal Administrativo (Portugal), 02 de Abril de 1992 (caso None)
Data | 02 Abril 1992 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART778 N2 ART841 N2 ART1036 ART1093 N1 A B D ART1108. CPC67 ART1042.
Sumário: I - A invocação da caducidade nos termos do artigo 1094 do C. Civil implica, necessariamente, a aceitação dos factos integradores dos fundamentos de resolução do arrendamento, devendo, por isso, ser liminarmente rejeitada tal excepção quando, simultâneamente, se negar aquele factor. II - A autorização a que se refere o artigo 1036 do C. Civil tem apenas a ver com a existência ou não do direito ao reembolso das despesas efectuadas pelo inquilino com reparações no locado e não com qualquer fundamento de resolução do arrendamento. III - A mera arrecadação de materiais do trabalho do inquilino ou dos seus familiares, quando não colida com a finalidade específica da habitação, representa bem menor quando comparada com a admissibilidade do exercício de indústrias...
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