Acórdão nº 9451011 de Court of Appeal of Porto (Portugal), 08 de Maio de 1995
Magistrado Responsável | MARQUES PEIXOTO |
Data da Resolução | 08 de Maio de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU ART69 ART70 ART71 N1 N2. L 55/79 DE 1979/09/15 ART1. CCIV66 ART1096 ART12 N2. DL 321-B/90 DE 1990/10/15 ART3 N1 E.
Jurisprudência Nacional: AC RP DE 1978/03/02 IN BMJ N277 PAG318. AC RE DE 1985/01/14 IN BMJ N346 PAG321.
Sumário: I - A necessidade de casa por parte do senhorio para fundamentar a denúncia do contrato de arrendamento para habitação deve ser apreciada em função da vida e situação do senhorio, podendo relevar a necessidade futura desde que iminente. II - Tal ocorre quando o senhorio vive com a mãe por favor desta que, por seu lado, vive também em casa a título precário e gratuito, contando esta 79 anos de idade e estando incompatibilizada com a mulher do Autor a quem deu ordem de saída da casa onde todos vivem com dois filhos menores do primeiro casamento do mesmo Autor. III - Se o Autor em acção de denúncia do contrato de arrendamento é dono de duas fracções arrendadas para habitação pode pedir a denúncia em relação ao arrendamento mais antigo se a fracção arrendada mais recentemente não satisfizer as suas...
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