Acórdão nº 0000892 de Supremo Tribunal Administrativo (Portugal), 12 de Junho de 1996 (caso None)
| Magistrado Responsável | SERRA BAPTISTA |
| Data da Resolução | 12 de Junho de 1996 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART193 2 C ART474 N1 C. CCIV66 ART1041 N1. RAU90 ART69 ART70 ART71.
Sumário: I - A necessidade do locado para habitação do senhorio é verdadeiro fundamento da acção de despejo, sua causa de pedir quando se pretenda a denúncia do contrato de arrendamento, enquanto os requisitos do art. 71 do RAU são meras condições do exercício do direito de denúncia. II - A falta de articulação do requisito de ser proprietário ou usufrutuário do prédio locado há mais de cinco anos, na petição inicial, conduz, em acção ordinária, ao indeferimento liminar da mesma petição, quando se tenha em vista a denúncia do contrato...
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