Acórdão nº 0042926 de Court of Appeal of Lisbon (Portugal), 25 de Junho de 1992
Magistrado Responsável | SILVA PAIXÃO |
Data da Resolução | 25 de Junho de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART12 N2 ART342 N1 ART346 ART1093 N1 I N2 C. CPC67 ART638 N1 ART710 N1.
Jurisprudência Nacional: AC RP DE 1980/12/16. AC RP DE 1991/09/23. AC RP DE 1981/05/28 IN CJ ANOVI T3 PAG130. AC RP DE 1983/04/07 IN CJ ANOVIII T2 PAG253. AC RP DE 1988/11/29 IN CJ ANOXIII T5 PAG194. AC RP DE 1989/03/09 IN BMJ N385 PAG607. AC RL DE 1981/02/27 IN CJ ANOVI T2 PAG155. AC RL DE 1982/02/25 IN CJ ANOVII T1 PAG205. AC RL DE 1989/05/23 IN CJ ANOXIV T3 PAG130. AC RP DE 1979/07/19 IN CJ ANOIV PAG1268. AC RPDE 1988/04/19. AC STA DE 1971/07/27 IN AD N120 PAG1738. AC RP DE 1964/02/07 IN JR ANOX PAG163.
Sumário: I - Após a reforma processual de 1961, e perante o artigo 710 do Código de Processo Civil, na generalidade das situações, tratando-se de agravo do apelado, conhece- -se prioritariamente da apelação, por imperativo do n. 1 do artigo 710; a menos que o agravo do apelado seja anterior e tenha uma potencialidade independente da apelação da sentença. II - O diploma legislativo que aprovou o Regime de Arrendamento Urbano subsume-se na 1 parte do n. 2 do artigo 12 do Código Civil, pelo que só será aplicável aos factos que se verificaram após a sua vigência. III - Residência permanente, de acordo com a jurisprudência unânime, é aquela em que determinada pessoa, de forma continuada e habitual, desenvolve a sua actividade inerente à sua economia doméstica, comendo, repousando, convivendo, permanecendo. IV - A excepção tipificada na alínea c) do n. 2 do...
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