Acórdão nº 9110842 de Court of Appeal of Porto (Portugal), 27 de Abril de 1992
Magistrado Responsável | GUIMARÃES DIAS |
Data da Resolução | 27 de Abril de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1093 N1 I.
Jurisprudência Nacional: AC STJ DE 1988/06/07 IN BMJ N378 PAG672. AC STJ DE 1985/03/05 IN BMJ N123 PAG156. AC RC DE 1980/08/10 IN BMJ N300 PAG456. AC RL DE 1981/04/24 IN BMJ N311 PAG442. AC RL DE 1981/02/12 IN BMJ N317 PAG284. AC RP DE 1991/09/30 PROC910350.
Sumário: I - A generalidade da doutrina e da jurisprudência tem considerado como residência permanente aquele local onde se tem a residência habitual, estável, duradoura, envolvendo fixidez e continuidade, constituindo o centro da respectiva organização doméstica - Acórdão do Supremo Tribunal de Justiça, de 07/06/88, Boletim do Ministério da Justiça 378/672; II - A falta de residência permanente no arrendado por parte do inquilino, tem de verificar-se por mais de um ano, como o aceita a maioria da jurisprudência e resulta da alínea i) do n. 1 do artigo 1093, do Código Civil; III...
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