Acórdão nº 0309901 de Court of Appeal of Porto (Portugal), 08 de Novembro de 1990
Magistrado Responsável | LOPES FURTADO |
Data da Resolução | 08 de Novembro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1093 N1 D ART762 N2.
Jurisprudência Nacional: AC RP DE 1972/06/09 IN BMJ N219 PAG262. AC RP DE 1981/07/14 IN CJ T4 ANOVI PAG185. AC RP DE 1976/01/07 IN CJ T1 ANOI PAG67. AC RL DE 1986/06/19 IN CJ T3 ANOXI PAG133. AC RC DE 1982/07/06 IN CJ T4 ANOVII PAG37.
Sumário: I - Para efeito do disposto no artigo 1093, n. 1, alínea d) do Código Civil, há implicação com a estrutura externa do arrendado não só quando é afectada a parte resistente da construção, responsável pela estabilidade do edifício, mas ainda quando é substancialmente afectada a sua fisionomia, a composição, organização e disposição arquitectónica. II - Só uma alteração substancial - em que o prédio passe a ter outra configuração, externamente pareça outro - é causa de resolução. III - O mesmo se diga quanto à alteração de disposição interna das divisões, em que só haverá causa resolutiva se houver uma modificação profunda ou fundamental, de forma a que a essência do prédio seja atingida, desfigurando-o na sua divisão, colidindo com a planificação a que ele obedece. IV - As deteriorações referidas na mesma disposição legal são apenas aquelas que se revestem de certo vulto, quer pela extensão, quer pelo...
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