Acórdão nº 9620117 de Court of Appeal of Porto (Portugal), 02 de Julho de 1996
| Data | 02 Julho 1996 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT / DIR REAIS.
Legislação Nacional: CCIV66 ART1111. CPC67 ART970. DL 445/74 DE 1974/09/12 ART5 N4. DL 420/76 DE 1976/05/28 ART1 N1 N2 N3 ART2 N1.
Jurisprudência Nacional: ASS STJ DE 1984/10/16 IN BMJ N340 PAG151.
Sumário: I - No domínio da vigência do Decreto-Lei n. 420/76, de 28 de Maio, caducado o arrendamento por morte do arrendatário, quem com este tivesse estado, na altura, a coabitar, em economia comum, há mais de cinco anos, tinha legitimidade para continuar a ocupar o fogo até à celebração de novo arrendamento a seu favor ou à decisão sobre a preclusão do seu direito a novo arrendamento por eventual ocorrência de qualquer das situações previstas no n.4 do artigo 5 do Decreto-Lei n. 445/74, de 12 de Setembro. II - Intentada acção com processo sumário em que os Autores...
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