Acórdão nº 0409608 de Court of Appeal of Porto (Portugal), 19 de Março de 1991
| Magistrado Responsável | CARDOSO LOPES |
| Data da Resolução | 19 de Março de 1991 |
| 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 ART9 N3 ART1040 N3 ART1096 N1 A ART1098 N2 ART1109 N2.
Jurisprudência Nacional: AC STJ DE 1981/12/15 IN RLJ ANO118 PAG84. AC STJ DE 1983/07/12 IN RLJ ANO118 PAG86. AC RP DE 1978/05/30 IN CJ T3 ANOIII PAG855. AC RP DE 1980/02/14 IN CJ T1 ANOV PAG44. AC RP DE 1981/12/04 IN CJ T5 ANOVI PAG272. AC RE DE 1981/04/24 IN CJ T2 ANOVI PAG252. AC RL DE 1982/02/16 IN BMJ N320 PAG442.
Sumário: I - A necessidade habitacional é a verdadeira causa da denúncia do contrato, sendo atendíveis as necessidades de habitação da família do senhorio. II - Considerando a unidade do sistema jurídico, é o nº 3 do artigo 1040 do Código Civil que fixa o sentido legal de família para fim de locação em geral, e não o nº 2 do artigo 1109 do mesmo diploma. III - Por...
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