Acórdão nº 9110810 de Court of Appeal of Porto (Portugal), 04 de Maio de 1992
Magistrado Responsável | ABILIO VASCONCELOS |
Data da Resolução | 04 de Maio de 1992 |
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 ART1096 ART1098 N1. RAU ART69 ART71.
Jurisprudência Nacional: AC RP DE 1978/05/30 IN CJ T3 ANOIII PAG855. AC RL DE 1978/07/07 IN CJ T4 ANOIV PAG1312. AC RC DE 1983/01/11 IN CJ T1 ANOVIII PAG26. AC RC DE 1984/01/17 IN CJ T1 ANOIX PAG41. AC STJ DE 1981/12/15 IN BMJ N312 PAG277. AC RP DE 1979/10/23 IN CJ T5 ANOIV PAG1466. AC RP DE 1988/01/08 IN CJ T5 ANOXIII PAG181.
Sumário: I - O requisito do despejo diferido que consiste em o o senhorio não ter casa há mais de um ano nos termos da alínea b) do número 1 do artigo 1098 do Código Civil respeita, no que se refere ao requisito temporal de dois anos, apenas à casa arrendada e visa impedir o artifício de ele abandonar a casa arrendada com o fito de despejar o respectivo inquilino. II - O mesmo não é de exigir se o senhorio teve de sair da casa que ocupava...
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