Acórdão nº 9530060 de Court of Appeal of Porto (Portugal), 29 de Junho de 1995
| Magistrado Responsável | SOUSA LEITE |
| Data da Resolução | 29 de Junho de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: L46/85 DE 1985/09/20 ART28 ART29 N1. CCIV66 ART1111 N1.
Jurisprudência Nacional: ASS STJ DE 1984/10/16 IN BMJ N340 PAG151. AC RL DE 1981/05/12 IN BMJ N312 PAG293. AC STJ DE 1985/04/24 IN BMJ N346 PAG235. AC RL DE 1992/01/30 IN CJ T1 ANOXVII PAG150.
Sumário: I - É inadmissível o pedido reconvencional que nada acrescenta à matéria aduzida como defesa, sendo desta mera consequência necessária. II - A data da morte do arrendatário é relevante para se determinar a lei aplicável à caducidade do arrendamento e à atribuição do direito a novo arrendamento. Assim, Se a filha da primitiva arrendatária sucedeu a esta no arrendamento e veio depois a falecer em 1988, a questão...
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