Acórdão nº 9530010 de Court of Appeal of Porto (Portugal), 11 de Maio de 1995
| Magistrado Responsável | OLIVEIRA BARROS |
| Data da Resolução | 11 de Maio de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1086 N2 ART1027. CPC67 ART268 ART664.
Sumário: I - Se não for convencionado o fim a que se destina o prédio urbano arrendado, o locatário só pode utilizá-lo para habitação, não alterando a sua natureza a utilização do local para fim diferente - ut artigo 1086, n.2 do Código Civil. II - Sobre a facticidade vasada no número antecedente não pode proceder uma acção de despejo proposta com o fundamento no facto de o inquilino actual, trespassário de um estabelecimento comercial instalado no local pelo primitivo locatário, manter esse estabelecimento encerrado há mais de um ano ( ut, então vigente, artigo 1093, n.1, alínea h) do Código Civil ) se não foi articulado na acção o fim do contrato de arrendamento e tendo em conta que não altera a natureza do contrato assinalado em 1 deste...
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