Acórdão nº 0224255 de Court of Appeal of Porto (Portugal), 05 de Abril de 1990
Magistrado Responsável | AUGUSTO ALVES |
Data da Resolução | 05 de Abril de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART342 N1 ART1038 F ART1093 N1 B F.
Jurisprudência Nacional: AC RL DE 1979/10/09 IN BMJ N294 PAG391.
Sumário: I - Nos termos do artigo 1038, alínea f) do Código Civil, constitui obrigação do locatário não proporcionar o gozo da coisa, total ou parcial, por meio de cessão onerosa ou gratuita da sua posição jurídica, sublocação ou comodato. II - Tendo o contrato de arrendamento como uma das suas características o " intuitus personae ", entende-se que é meramente exemplificativa a indicação dos contratos feita na citada disposição legal, devendo nela ser abrangidos todos os casos em que alguém que não seja arrendatário, não integre o seu agregado familiar, nem seja seu hóspede, utilize o arrendado com o seu acordo contra a vontade do senhorio. III - A jurisprudência não tem reconhecido efeitos resolutivos aos casos de cedência a título precário, compreendendo estes as situações em que a referida utilização total ou parcial do locado se processe sem o locatário demitir de si o uso e fruição do locado. IV - Para que se verifique a cedência ilícita com força resolutiva do arrendamento é preciso que o suposto cessionário passe a gozar da coisa sem limites ou condicionamentos de qualquer natureza, salvo os resultantes do próprio contrato...
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