Acórdão nº 0031366 de Court of Appeal of Lisbon (Portugal), 17 de Outubro de 1991
Magistrado Responsável | SILVA PAIXÃO |
Data da Resolução | 17 de Outubro de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: G TELLES IN O DIREITO ANO120 PAG170 NOTA3.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1051 N1 D ART1059 ART1083 N3 ART1111. RAU90 ART6 N1 ART85 N1 B ART89.
Jurisprudência Nacional: AC STJ DE 1975/06/17 IN BMJ N248 PAG431. AC RE DE 1987/02/19 IN CJ ANOXII T1 PAG316.
Sumário: I - Na qualificação de um contrato de arrendamento não há que ter em conta o comportamento efectivo do arrendatário mas a finalidade que ao contrato foi dada pela vontade das partes, pois aquele comportamento pode estar, por infracção contratual, em desarmonia com esta finalidade. II - O regime de caducidade do arrendamento é o...
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