Acórdão nº 9630561 de Court of Appeal of Porto (Portugal), 10 de Outubro de 1996
| Magistrado Responsável | CUSTODIO MONTES |
| Data da Resolução | 10 de Outubro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: CONTÉM CITAÇÕES DOUTRINAIS DE INTERESSE.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CONST76 ART168 N1 H. L 14/93 DE 1993/05/14 ART2 D. RAU90 ART89 N1 N2 N3 ART89-D ART85. DL 278/93 DE 1993/08/10. CCIV66 ART1111 N5.
Jurisprudência Nacional: AC RP DE 1990/03/29 IN CJ T2 ANOXV PAG217. AC RC DE 1988/05/10 IN CJ T3 ANOXIII PAG69. AC RL DE 1994/10/20 IN CJ T4 ANOXIX PAG124.
Sumário: I - Padece de inconstitucionalidade orgânica o Decreto-Lei 278/93, de 10 de Agosto, ao eliminar o n.3 do artigo 89 do Regime do Arrendamento Urbano de 1990 e introduzir-lhe o artigo 89-D que determina a caducidade do direito de transmissão do arrendamento por morte do primitivo arrendatário se não for efectuada a comunicação regular e atempada a que se refere o...
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