Acórdão nº 9330792 de Court of Appeal of Porto (Portugal), 24 de Março de 1994
Data | 24 Março 1994 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: CITA PAIS DE SOUSA IN REGIME DO ARRENDAMENTO URBANO 2ED PAG222 E JANUÁRIO GOMES IN ARRENDAMENTOS COMERCIAIS PAG292 E OUTROS.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU ART69 N1 A ART71 N2 ART93 C. CCIV66 ART1096 N2 A. CONST89 ART65 N1.
Sumário: I - O alargamento do direito excepcional de denúncia do contrato aos descendentes do senhorio é um mero complemento do direito conferido a este de pôr termo ao arrendamento no caso de estar em causa a satisfação das necessidades de habitação do seu agregado familiar. II - Embora o legislador não tenha enunciado os requisitos indispensáveis para o exercício daquele direito, deverá entender-se serem análogos os factos a alegar e provar relativamente à necessidade do locado para habitação do senhorio ou do filho. III - Só a separação dos agregados familiares dos pais e dos filhos contribui de forma adequada para uma boa harmonia familiar e...
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