Acórdão nº 0001515 de Court of Appeal of Porto (Portugal), 09 de Novembro de 1982
| Magistrado Responsável | MACHADO COSTA |
| Data da Resolução | 09 de Novembro de 1982 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: PIRES DE LIMA-ANTUNES VARELA IN COD CIV ANOT V2 PAG812.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 420/76 DE 1976/05/28 ART1 N1 ART18 N1 B. DL 328/81 DE 1981/12/04. CCIV66 ART1051 N1 D ART1111. DL 293/77 DE 1977/07/20 ART28.
Jurisprudência Nacional: AC RP DE 1980/06/17 IN CJ TII PAG480. AC RP DE 1980/06/27 IN CJ TIII PAG97. AC STJ DE 1979/06/21 IN BMJ N288 PAG307.
Sumário: I - O artigo 18, n. 1, b), do Decreto-Lei n. 420/76 não conferia um direito ao arrendamento - e muito menos um direito de transmissão da posição do locatário - às pessoas nele visadas, antes e somente, um direito de preferência relativamente a um futuro arrendamento, que, porventura, viesse a realizar-se. II - Este direito de preferência não legitimava a ocupação do arrendado pelas pessoas a quem era conferido, nem constituia facto...
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