Acórdão nº 9230410 de Court of Appeal of Porto (Portugal), 18 de Novembro de 1993
Magistrado Responsável | SALRETA PEREIRA |
Data da Resolução | 18 de Novembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU ART64 N1 H.
Jurisprudência Nacional: AC RC DE 1979/11/27 IN CJ ANOIV T5 PAG1423.
Sumário: I - O encerramento do estabelecimento, consecutivamente, há mais de um ano, constitui fundamento de resolução do contrato de arrendamento, nos termos do artigo 64, nº 1, alínea h) do Regime do Arrendamento Urbano. II - Este preceito prevê, todavia, duas excepções: caso de força maior e ausência forçada do arrendatário que não se prolongue por mais de dois anos. III - O conceito de "caso de força maior" é um conceito normativo e não naturalístico. Tem sido defendido pela doutrina e pela jurisprudência, com algumas ligeiras...
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