Acórdão nº 9210016 de Court of Appeal of Porto (Portugal), 08 de Junho de 1992
Magistrado Responsável | ARAUJO CARNEIRO |
Data da Resolução | 08 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 CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART349 ART1109 N2 ART1051 N1 D ART1111 N1 ART1311 ART1315. RAU ART85. CPC67 ART516 ART659 N1 ART664 ART713 N2. DL 321/90 DE 1981/10/15 ART3 N1 A.
Jurisprudência Nacional: AC RP DE 1978/05/23 IN CJ ANOIII T3 PAG851. AC RE DE 1983/10/03 IN CJ ANOVIII T5 PAG269. AC RE DE 1983/10/06 IN CJ ANOVIII T4 PAG321.
Sumário: I - O contrato de locação caduca por morte do locatário. II - Mas no domínio dos arrendamentos de prédios urbanos para fins habitacionais, o arrendamento não caduca por morte do primitivo arrendátario, se lhe sobreviver cônjuge não separado judicialmente de pessoas e bens ou de facto ou deixar parente ou afim, na linha recta, com menos de um ano ou que com ele vivessem pelo menos há um ano. III - A finalidade de transmissão forçada do direito ao arrendamento é a de proporcionar aos referidos parentes e afins do arrendatário a continuidade de habitação em razão dos laços de afectividade que a sua convivência com o arrendatário pressupõe. IV - O inciso legal "que com ele convivesse pelo menos há um ano" não pode deixar de ser interpretado em sentido de se exigir que o sucessor conviva com o arrendatário, pelo menos no último ano de vida...
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