Acórdão nº 0409075 de Court of Appeal of Porto (Portugal), 29 de Maio de 1990
Magistrado Responsável | TATO MARINHO |
Data da Resolução | 29 de Maio de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1096 N1 A ART1098.
Jurisprudência Nacional: AC RL DE 1986/10/09 IN CJ ANOXI T4 PAG146. AC RP DE 1987/07/30 IN CJ ANOXII T4 PAG223. AC STJ DE 1983/07/12 IN BMJ N329 PAG546.
Sumário: I - O verdadeiro fundamento da acção de denúncia do contrato de arrendamento habitacional é a necessidade de habitação, enquanto que os requisitos do artigo 1098 do Código Civil são apenas condições do exercício do direito de denúncia. II - Na avaliação da necessidade de casa para habitação própria deve considerar-se a situação do senhorio, concretamente referida ao local em que habita, as razões que justificam a sua instalação na localidade em que se situa o prédio despejando e a capacidade deste para satisfação da...
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