Acórdão nº 0124371 de Court of Appeal of Porto (Portugal), 17 de Janeiro de 1991
Data | 17 Janeiro 1991 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO Decisão: CONFIRMADA A SENTENçA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CONST76 ART65. CCIV ART1095 ART1096 ART1098. CPC67 ART27.
Jurisprudência Nacional: AC RL DE 1981/04/21 IN CJ TII ANO1981 PAG194. AC RP DE 1980/07/15 IN CJ TIV ANO1980 PAG90.
Sumário: 1- Provado so que o A. de acção de denuncia de contrato de arrendamento para sua propria habitação adquiriu, por doação de seus pais, em 1976, o local então ja arrendado aos Reus e que intentou a acção em 1989, não pode dai concluir-se que se colocou fraudulentamente na situação de denunciar o contrato, de modo a impor a aplicação do disposto no art. 4 do D.L. n. 55/79, de 15 de Setembro. 2- O facto de o A. em tal acção poder continuar a viver em casa de seus pais não prejudica o direito de denuncia que porventura lhe assista. 3- O...
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