Acórdão nº 9550782 de Court of Appeal of Porto (Portugal), 11 de Dezembro de 1995
Data | 11 Dezembro 1995 |
Órgão | 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: CCIV66 ART1086 D ART1051 N1 D ART12 N2. RAU90 ART5 N2 E ART6 N1 ART85 N1 N2 ART89 N5 ART58 ART68 N2.
Sumário: I - É do " outro fim " previsto no artigo 1086 alínea d), do Código Civil o arrendamento de um local para garagem iniciado na vigência do Código Civil e antes da entrada em vigor do Regime do Arrendamento Urbano. II - Tal contrato caducava pela morte, em 1993, do arrendatário por lhe não ser aplicável a regra da não caducidade por tal motivo e não se transmitia ao cônjuge por a regra do artigo 1111 do Código Civil lhe ser inaplicável. III - Nos termos do Regime do Arrendamento Urbano, tal arrendamento está previsto no artigo 5 n.2 alínea e), e é transmissível por morte do primitivo arrendatário se lhe sobreviver cônjuge não separado judicialmente de pessoas e bens ou de facto ou outros parentes determinados na lei e pode ser denunciado livremente...
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