Acórdão nº 0058161 de Supremo Tribunal Administrativo (Portugal), 09 de Novembro de 1993 (caso None)
Data | 09 Novembro 1993 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: PIRES DE LIMA E ANTUNES VARELA CÓD CIV ANOT V2 PÁG336. PAIS DE SOUSA EXTINÇÃO DO ARREND URBANO PÁG208.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1047 ART1093 N1 D.
Jurisprudência Nacional: AC RP DE 1977/11/09 IN CJ T5 PAG1212. AC STJ DE 1977/07/31 IN BMJ N265 PAG231.
Sumário: I - As causas de resolução do contrato de arrendamento, por parte do locador, são as taxativamente mencionadas no artigo 1093, n. 1, Código Civil, conclusão que se alcança da utilização do advérbio "só" no citado artigo. II - A al. d) do n. 1 do artigo 1093, Código Civil, prevê duas situações: a realização de obras de alteração e a prática de actos que causem deteriorações consideráveis. III - Resulta do contrato que o senhorio não autorizava o inquilino a fechar as varandas e bem assim que este não podia fazer quaisquer obras, sem prévia autorização do senhorio por escrito. IV - O simples facto de os réus terem construído a marquise de alumínio e terem fechado a varanda das traseiras, sem autorização do senhorio e contra a proibição expressa do contrato, constitui, sem dúvida, violação do contrato de arrendamento. V - Mas para que essa violação fosse fundamento da resolução do contrato, nos termos do artigo 1093-1, d), combinado com o art. 1047, do Código Civil, necessário seria...
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