Acórdão nº 8950875 de Court of Appeal of Porto (Portugal), 21 de Janeiro de 1990
Magistrado Responsável | LOPES FURTADO |
Data da Resolução | 21 de Janeiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART406 N1 ART1682-B ART1687 ART287 N2 ART292 ART1095.
Jurisprudência Nacional: AC STJ DE 1986/07/17 IN BMJ N359 PAG680.
Sumário: I - A liberdade contratual consagrada no artigo 406, nº 1 do Código Civil possibilita a revogação por acordo dos contraentes do contato de arrendamento, mas, tratando-se da casa de morada da família instalada no local arrendado, tal acordo carece do consentimento de ambos os cônjuges, nos termos do artigo 1682-B do mesmo Código. II - O vício desse acordo, consequente de nele só ter intervindo o arrendatário e não o seu cônjuge, gera a sua anulabilidade que pode ser arguida quer por via de acção quer de excepção, o que pode ter lugar na contestação de acção de despejo, uma vez que então o negócio não está cumprido - ut artigo 287, nº 2 do Código Civil. III - É nula a cláusula contratual do arrendamento para habitação de entrega do local dado de arrendamento ao senhorio quando se concretizassem as previstas necessidades habitacionais dele ou da sua família por tal cláusula contrariar o...
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