Acórdão nº 9350916 de Court of Appeal of Porto (Portugal), 10 de Maio de 1994
| Magistrado Responsável | PAZ DIAS |
| Data da Resolução | 10 de Maio de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1031 B ART1093 N1 I N2 A. RAU ART64 N1 I ART13 N1. CPC67 ART511 N1.
Jurisprudência Nacional: AC RL DE 1993/12/15 IN CJ T5 ANOXVIII PAG159. AC RL DE 1993/06/24 IN CJ T3 ANOXVIII PAG139. AC RL DE 1983/11/10 IN CJ T5 ANOVIII PAG110. AC STJ DE 1983/01/08 IN BMJ N323 PAG354. AC RL DE 1992/03/24 IN CJ T2 ANOXVII PAG145. AC RL DE 1986/02/25 IN CJ T1 ANOXI PAG104.
Sumário: I - É censurável a prática, frequente na primeira instância, de especificar documentos e não os factos que deles constem. Documento é meio de prova de factos e não os próprios factos em si. II - O senhorio pode resolver o contrato de arrendamento se o arrendatário conservar o prédio arrendado desabitado por mais de um ano, ou, sendo destinado a habitação, não tiver nele residência permanente. III - Essa sanção, porém, não tem lugar em caso...
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