Acórdão nº 9050450 de Court of Appeal of Porto (Portugal), 08 de Julho de 1991
Magistrado Responsável | AZEVEDO RAMOS |
Data da Resolução | 08 de Julho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV67 ART12 ART1096 N1 A ART1098 N1 A B C. CPC67 ART201 N1 ART205 N1 N2 ART304 N3 ART646 N1 ART659 N3. DL 321/90 DE 1990/10/15 ART3 N1 A.
Jurisprudência Nacional: AC STJ DE 1969/11/07 IN BMJ N169 PAG219. AC STJ DE 1979/03/14 IN BMJ N285 PAG153. AC STJ DE 1981/12/15 IN BMJ N312 PAG277. AC RP DE 1974/03/17 N236 PAG194. AC RP DE 1979/07/19 IN CJ ANOIV T4 PAG1266. AC RE DE 1978/03/09 IN CJ ANOIII T2 PAG526.
Sumário: I - A resposta a um quesito em que se perguntava se " a dependencia reservada pelos AA. no res-do-chão do predio despejando tem cerca de 80 metros quadrados de area, pelo que bem poderia ser utilizada pelos AA. para habitação destes " e a que se respondeu " provado apenas que a dependencia reservada pelos AA. no res-do-chão do predio despejando e espaçosa e reune condições de facil adaptação e habitação ", contem juizos de valor e envolvem a apreciação de materia de direito. II - Apenas devia ser respondido se tal divisão tinha 80 metros quadrados de area, como se perguntou. III - So então, face a area apurada, seria possivel concluir, em sede de sentença, se a dependencia era ou não espaçosa. IV - Do mesmo modo, so perante os dados materiais concretos daquela dependencia se pode aquilatar se e facil ou dificil ou ate se e possivel adapta-la a habitação. V - Assim, a resposta aquele quesito deve considerar-se não escrita. VI - A necessidade real e verdadeira do arrendado para o senhorio nele estabelecer a sua habitação constitui requisito autonomo que acresce aos requisitos previstos no artigo 1098 do Codigo Civil. VII - Ter casa insuficiente e que não satisfaz as...
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