Acórdão nº 0102352 de Supremo Tribunal Administrativo (Portugal), 30 de Novembro de 1995
Magistrado Responsável | EDUARDO BAPTISTA |
Data da Resolução | 30 de Novembro de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: DL 328/81 DE 1981/12/04 ART3 N1 A ART4 N1 A ART9 A. CCIV66 ART438 ART830 ART1045 N1 ART1053 ART1090 ART1104 N2 ART1109 N1 A. RAU90 ART33 ART34 N2 ART95 N2. DL 13/86 DE 1986/01/23 ART3. L 46/85 DE 1985/09/20 ART6 N5.
Sumário: I - No caso de caducidade do contrato de arrendamento por morte do locatário, o locador apenas pode exigir a restituição do prédio arrendado passados três meses sobre aquela ocorrência. II - O locador tem direito a exigir dos herdeiros do falecido, como retribuição pela retenção do prédio, uma importância correspondente à renda praticada anteriormente, que se eleva ao dobro em caso de mora naquela restituição. III - No domínio do Código Civil, em caso de o herdeiro do falecido locatário ter direito a novo arrendamento só lhe era exigível o pagamento daquela renda em singelo. IV - Durante a pendência da acção em que se discuta o direito daquele ao novo arrendamento, o locador tem direito a proceder aos aumentos legais da renda praticada na ocasião da caducidade do arrendamento...
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