Acórdão nº 9110675 de Court of Appeal of Porto (Portugal), 02 de Junho de 1992
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 02 de Junho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1441 ART1442 ART1051. RAU ART5 N2 ART66 N1.
Jurisprudência Nacional: AC STJ DE 1972/12/07 IN BMJ N222 PAG382. AC STJ DE 1976/10/07 IN BMJ N260 PAG132. AC RL DE 1970/06/26 IN JR ANO16 PAG496. AC RL DE 1972/04/10 IN BMJ N216 PAG188. AC RL DE 1974/02/22 IN BMJ N234 PAG326. AC RP DE 1985/07/30 IN CJ ANOX T4 PAG245. AC RP DE 1987/06/25 IN CJ ANOXII T3 PAG214. AC RL DE 1988/10/18 IN CJ ANOXIII T4 PAG132. AC RP DE 1989/09/19 IN CJ ANOXIV PAG196.
Sumário: I - O facto de no local do aviso de recepção reservado a data e assinatura do destinatario tal data se encontrar a seguir a essa assinatura e irrelevante, sobretudo se so na fase de recurso e, mesmo assim, sem alegar que essa data não tivesse ai sido por si aposta, aquele se limita a dizer que ela podia ter sido escrita muito posteriormente e por qualquer pessoa; II - Para os efeitos do artigo 1051, numero 1, alinea c), do Codigo Civil e indiferente que, no momento da celebração do contrato de arrendamento, o arrendatario conheça ou não que o outro contraente e mero usufrutuario do objecto desse contrato; III - O fundamento da caducidade do arrendamento por obito do usufrutuario locador so se verifica quando o arrendatario tiver conhecimento, não so desse obito, mas daquela qualidade de mero usufrutuario, o que pode ocorrer depois da morte deste; IV - O prazo de 180 dias previsto no numero 2 do artigo 1051 do Codigo Civil so começa a contar-se da data em que o arrendatario tiver conhecimento de que o primitivo senhorio era mero usufrutuario e de que este faleceu; V - Não pode interpretar-se...
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