Acórdão nº 9130573 de Court of Appeal of Porto (Portugal), 19 de Março de 1992
Magistrado Responsável | LOPES FURTADO |
Data da Resolução | 19 de Março de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1098 N1 B N2 ART334.
Jurisprudência Nacional: AC RL DE 1972/11/08 IN BMJ N221 PAG263. AC RL DE 1990/06/21 IN CJ ANOXV T3 PAG144.
Sumário: I - Na denúncia de arrendamento de prédio urbano, com fundamento em necessidade dele para habitação do senhorio, o requisito previsto na alínea b) do nº 1 do artigo 1098 do Código Civil apenas se tem de verificar, em relação a prédios situados nas comarcas limítrofes das comarcas de Lisboa e Porto, quanto à respectiva localidade. II - Tal requisito reporta-se apenas ao senhorio e não também ao seu cônjuge. III - Não deixa de se verificar esse requisito pelo simples facto de se provar que o senhorio é comproprietário de outro prédio situado na mesma comarca. IV - Em princípio, a lei não impõe ao senhorio a obrigação de demonstrar que o prédio, em relação ao qual exerce a denúncia...
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