Acórdão nº 9621372 de Court of Appeal of Porto (Portugal), 03 de Junho de 1997
| Magistrado Responsável | RAPAZOTE FERNANDES |
| Data da Resolução | 03 de Junho de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART790 N1 ART793 ART1051 N1 E. RAU90 ART66 N1.
Jurisprudência Nacional: AC RL DE 1970/02/04 IN JR ANO16 PAG42. AC STJ DE 1975/05/16 IN BMJ N247 PAG212. AC RP DE 1983/04/05 IN CJ T2 ANOVIII PAG250.
Sumário: I - A caducidade do arrendamento pela perda da coisa locada é uma afloração do princípio geral sobre a impossibilidade superveniente da prestação prevista nos artigos 790 e seguintes do Código Civil e justifica-se pelo carácter sinalagmático do contrato de arrendamento. II - A perda da coisa locada referida na alínea e) do n.1 do artigo 1051 do Código Civil, é a perda total e não a perda parcial. III - A perda da coisa locada abrange não só a situação em que...
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