Acórdão nº 9110257 de Court of Appeal of Porto (Portugal), 17 de Outubro de 1991
| Magistrado Responsável | PAIS DE SOUSA |
| Data da Resolução | 17 de Outubro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU ART69 N1 A ART71 N1 A.
Jurisprudência Nacional: AC STJ DE 1981/12/15 IN BMJ N312 PAG277.
Sumário: I - Embora a lei exija como requisito de denúncia do contrato de arrendamento habitacional que o senhorio seja proprietário, comproprietário ou usufrutuário do prédio despejando há mais de cinco anos, todavia a causa de pedir da acção não é este direito de propriedade. II - Assim, terá de haver menos rigor e exigência na articulação e fundamentação especificada nos factos que integram o referido requisito. III - Sendo objecto da acção a extinção de um contrato de arrendamento através do exercício do direito de denúncia, a qualidade de proprietário não tem de ser provada como, por exemplo, numa acção de reivindicação, não sendo curial transformar-se a acção de despejo numa acção desse tipo. IV - O autor tem de alegar que é...
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