Acórdão nº 9230315 de Court of Appeal of Porto (Portugal), 05 de Janeiro de 1993
| Magistrado Responsável | PAZ DIAS |
| Data da Resolução | 05 de Janeiro de 1993 |
| 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: RAU ART53 N1 ART69 ART70 ART71 N1 ART107 N1. CCIV66 ART342.
Sumário: I - Do confronto entre os artigos 69 e 71 do Regime do Arrendamento Urbano resulta que o verdadeiro fundamento do pedido de denúncia do contrato, ou seja, a causa de pedir, é a própria necessidade do prédio, consistindo os requisitos previstos no artigo 71 meras condições ou pressupostos de admissibilidade da acção. II - A "necessidade" equivale a uma pretensão séria, real, justificada e actual, não bastando um simples desejo ou maior comodidade do senhorio, sob pena de ser posto indevidamente em causa o princípio de estabilidade da residência do inquilino, também legalmente protegido. III - O disposto no artigo 107, nº 1, alínea a) do...
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