Acórdão nº 0059412 de Court of Appeal of Lisbon (Portugal), 02 de Julho de 1992
| Magistrado Responsável | CAMPOS OLIVEIRA |
| Data da Resolução | 02 de Julho de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART342 N1 ART1096 N1 A ART1098 N1.
Jurisprudência Nacional: AC STJ DE 1986/10/07 IN BMJ N360 PAG575. AC RL DE 1987/05/28 IN CJ ANO1987 T3 PAG100.
Sumário: I - "A necessidade da casa para habitação constitui fundamento autónomo da denúncia do contrato de arrendamento, a acrescer aos requisitos do artigo 1098 n. 1 do Código Civil. Acordão do Supremo Tribunal de Justiça de 1986/10/07 in Boletim do Ministério da Justiça n. 360 página 575. Aí se diz que defendem tal posição os Professores Inocêncio Galvão Telles e Antunes Varela. II - O ónus da prova desse requisito essencial recai sobre o senhorio (artigo 342 n. 1 do Código Civil) - Acordão da Relação de Lisboa de 1987/05/28 in Colectânea de Jurisprudência ano 1987...
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