Acórdão nº 9210835 de Court of Appeal of Porto (Portugal), 11 de Março de 1993
Data | 11 Março 1993 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: PROVIDO. ANULADO O JULGAMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART12 ART13 ART1096 N1 ART297. DL 55/79 ART2 N1. RAU ART107 N1. CPC67 ART753 N1.
Jurisprudência Nacional: AC RL DE 1991/11/05 IN CJ T5 ANOXVI PAG118. ASS STJ DE 1975/02/19 IN BMJ N244 PAG149.
Sumário: I - Iniciado o contrato de arrendamento para habitação em 01/05/1965, à sua denúncia para habitação própria do senhorio, através de acção intentada em 19/01/91, é aplicável, quanto à caducidade do respectivo direito pela duração do arrendamento durante um certo prazo, o disposto no artigo 2, nº 1, alínea b), do Decreto-Lei nº 55/79 e não o artigo 107, nº 1, alínea b), do Regime do Arrendamento Urbano, pelo que, na aludida hipótese, embora não tivesse ainda...
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