Acórdão nº 0059631 de Supremo Tribunal Administrativo (Portugal), 07 de Julho de 1992 (caso None)
Magistrado Responsável | JOAQUIM DIAS |
Data da Resolução | 07 de Julho de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART342 N1 ART1022 ART1023 ART1083. DL321-B/90 DE 1990/10/15 ART1.
Sumário: I - Nos termos do artigo 342 n. 1, do Código Civil, em acção declarativa do direito ao arrendamento, recai sobre a Autora o encargo de provar os factos definidores do contrato, da obrigação do gozo do prédio, do carácter temporário e da retribuição. II - Em 1985, não constando do Código Civil a definição legal do arrendamento urbano, nos moldes constantes do artigo n. 1 do Regulamento do Arrendamento Urbano (Decreto-lei n. 321-B/90 de 15 de Outubro), contudo, a mesma podia ser deduzida da conjugação dos artigos n. 1022, 1023 e 1083 daquele Código. Assim, o contrato de arrendamento urbano define-se pelos seguintes elementos: contrato, obrigação de proporcionar o gozo de um prédio urbano ou parte...
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