Acórdão nº 9250069 de Court of Appeal of Porto (Portugal), 18 de Maio de 1992
Data | 18 Maio 1992 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART12 N2 ART342 N1 N2 ART1093 N1 I N2 A B C. RAU ART64 N1 I. CPC67 ART516.
Jurisprudência Nacional: AC RL DE 1975/02/26 IN BMJ N244 PAG310. AC RE DE 1981/04/24 IN CJ ANOVI T2 PAG252. AC RE DE 1982/02/25 IN CJ ANOVII T1 PAG364. AC RE DE 1983/06/16 IN BMJ N330 PAG558. AC RL DE 1984/02/16 IN CJ ANOIX T1 PAG138. AC RP DE 1988/11/29 IN CJ ANOXIII T5 PAG194.
Sumário: I - Na acção de despejo com o fundamento de o arrendatário não ter no prédio ou local arrendado a sua residência permanente, o senhorio apenas tem de alegar e provar a falta de residência do arrendatário no locado, uma vez que se trata de facto constitutivo do direito que ele, na acção, pretende fazer valer. II - Tendo ficado no prédio a mulher com quem o arrendatário vivia maritalmente e os filhos provenientes dessa relação, só se verifica a excepção da alínea c) do nº 2 do artigo 1093 do Código Civil, quando não tenha havido desintegração da família e se...
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