Acórdão nº 9240220 de Court of Appeal of Porto (Portugal), 26 de Janeiro de 1993
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 26 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 - TEORIA GERAL - DIR CONTRAT. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CCIV66 ART12 N2 ART1093 N1 B ART1095. CPC67 ART447 N1.
Jurisprudência Nacional: AC RC DE 1981/04/28 IN CJ ANOVI T2 PAG49. AC RP DE 1982/05/04 IN CJ ANOVII T3 PAG191. AC RE DE 1979/07/26 IN BMJ N292 PAG441. ASS STJ DE 1977/11/09 IN BMJ N291 PAG205.
Sumário: I - A questão da validade de cláusula contratual em que se fixou a possibilidade de denúncia do contrato de arrendamento com fim diferente do rural, pelo senhorio, para o termo do prazo ou da renovação, deve ser apreciada em conformidade com a lei vigente ao tempo da celebração do contrato. II - Os fundamentos da resolução do contrato de arrendamento devem ser analisados à luz da lei que vigora no momento da prática das violações contratuais invocadas para tal resolução. III - Se o arrendatário mantem o destino convencionado para o uso do arrendado, mas lhe acrescenta uma actividade que, à luz dos critérios imperantes no meio, deve ser considerada como acessória da actividade principal, não se pode concluir...
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