Acórdão nº 9150057 de Court of Appeal of Porto (Portugal), 15 de Julho de 1991
Magistrado Responsável | ANTERO RIBEIRO |
Data da Resolução | 15 de Julho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1051 N1 E ART1056.
Jurisprudência Nacional: AC RL DE 1970/12/04 IN JR ANOXVI PAG42. AC STJ DE 1973/01/19 IN BMJ N223 PAG209. AC RP DE 1979/10/16 IN CJ T4 ANOIV PAG1289. AC RP DE 1983/04/05 IN CJ T2 ANOVIII PAG250. AC RL DE 1983/95/16 IN BMJ N227 PAG201. AC RL DE 1983/07/19 IN BMJ N336 PAG457.
Sumário: I - Provado que um incêndio destruiu o prédio arrendado para fins industriais, do qual nada ficou a não ser as paredes exteriores, deixando o arrendatário de poder utilizar esse prédio, verifica-se a caducidade do contrato de arrendamento nos termos do artigo 1051, n. 1, e), do Código Civil. II - É irrelevante para tal efeito que o edifício seja recuperável, porquanto não é exigível ao senhorio a sua reconstrução. E, a haver reconstrução, tratar-se-ia de um novo arrendamento. III - Não se verificam, no caso, os pressupostos da renovação do contrato nos termos do artigo 1056 do Código Civil...
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