Acórdão nº 0310989 de Court of Appeal of Porto (Portugal), 14 de Fevereiro de 1991
| Data | 14 Fevereiro 1991 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART19 ART28 N2. L 35/81 DE 1981/08/27 ARTUNICO. CCIV66 ART1110. DL 321-B/90 DE 1990/10/15 ART83.
Jurisprudência Nacional: AC STJ DE 1982/12/21 IN BMJ N322 PAG338.
Sumário: I- O arrendamento tem natureza obrigacional e não real. II- O unico arrendamento que não se comunica ao outro conjuge, seja qual for o regime de bens, e o que tem por fim a habitação. III-Quando o arrendamento tenha sido contratado pelos dois conjuges, como arrendatarios, a acção de despejo tem de ser intentada contra ambos. IV- Na acção de despejo respeitante a arrendamento contratado apenas por um dos conjuges, na...
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