Acórdão nº 0044241 de Court of Appeal of Lisbon (Portugal), 28 de Maio de 1991
Magistrado Responsável | SOUSA INES |
Data da Resolução | 28 de Maio de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Indicações Eventuais: PINTO FURTADO CURSO DOS ARRENDAMENTOS VINCULÍSTICOS PAG305. PIRES DE LIMA E ANTUNES VARELA CÓDIGO CIVIL ANOTADO 1968 PAG307.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART1043 01 N2 ART1093 N2 A B. CPC67 ART661 N2.
Jurisprudência Nacional: AC RP DE 1978/10/17 IN BMJ N281 PAG400. AC RP DE 1984/10/19 IN BMJ N338 PAG470. AC RP DE 1988/10/18 IN BMJ N380 PAG534.
Sumário: I - Para efeitos do disposto no art. 1093 n. 2 als. a) e b) do Código Civil: - a doença só releva se fôr o único motivo que levou o inquilino a deixar de viver permanentemente no locado de modo a que, debelada, seja de esperar que retome a residência permanente no arrendado, tenha uma natureza que imponha cuidados que só possam ser prestados fora do locado, que seja impeditiva de o inquilino residir no locado; - o trabalho, de serviço particular por conta de outrém, só releva sendo limitado a tempo não superior a dois anos. II - O incidente de liquidação, em execução de sentença, não se destina a dar ao titular do direito uma segunda oportunidade de produzir a prova em que decaiu...
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