Acórdão nº 0042011 de Court of Appeal of Lisbon (Portugal), 02 de Julho de 1991
Magistrado Responsável | SOUSA INES |
Data da Resolução | 02 de Julho de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: PIRES DE LIMA E ANTUNES VARELA CÓDIGO CIVIL ANOTADO V1 PAG298.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: RAU90 ART68 N2 ART69 N1 A ART71 N1 B ART109. CCIV66 ART12 N2 ART334 ART1055 ART1098 N1 C. L 55/79 DE 1979/09/15 ART4. DL 321-B/90 DE 1990/10/15 ART3. CPC67 ART712 N1.
Jurisprudência Nacional: AC STJ DE 1984/07/05 IN BMJ N339 PAG364. AC STJ DE 1984/11/08 IN RLJ ANO122 PAG209. AC STJ DE 1984/11/15 IN BMJ N341 PAG427.
Sumário: I - Sendo lícito que o senhorio denuncie o arrendamento para dar habitação a um filho, tem que se concluir que a lei, no seu juízo de valor, não considera que afronte o fim social do direito de denúncia do arrendamento o procedimento de quem doa o prédio arrendado a um filho, vindo depois este a exercer o direito de denúncia directamente para si. II - O Reg. Do Arrend. Urbano aplica-se às relações locatícias constituídas antes da sua entrada em vigor no que respeita ao conteúdo do contrato e das relações entre o senhorio e inquilino, salvo naqueles pontos em que o respectivo diploma preambular, em termos muito precisos, determinou que a entrada em vigor do Reg. Do Arrend. Urbano não prejudica a aplicação das leis revogadas a dadas situações. III - O antigo requisito de denúncia do arrendamento para habitação de não ter o senhorio usado ainda outra faculdade foi eliminado. Isto significa que, actualmente, o senhorio pode usar desta faculdade para si próprio, outra para cada um dos seus descendentes em primeiro grau; e, sucessivamente, à medida que as necessidades de habitação (de um...
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