Acórdão nº 0046266 de Court of Appeal of Lisbon (Portugal), 15 de Outubro de 1992
Data | 15 Outubro 1992 |
Órgão | 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 ART1093 N1 I ART1109 N2 C.
Jurisprudência Nacional: AC RL DE 1978/06/21 IN CJ ANOIII T3 PAG1294. AC RL DE 1974/07/24 IN BMJ N239 PAG246. AC RE DE 1982/02/15 IN CJ ANOVII T3 PAG291. AC STJ DE 1985/03/05 IN BMJ N345 PAG372. AC RL DE 1979/11/06 IN BMJ N296 PAG324. AC RL DE 1981/01/16 IN BMJ N308 PAG279. AC RE DE 1986/07/23 IN BMJ N355 PAG450. AC RL DE 1989/05/23 IN CJ ANOXIV T3 PAG130.
Sumário: I - Não obsta à procedência do fundamento da falta de residência permanente o facto de o arrendatário apenas se deslocar ao locado aos fins de semana e em férias quando ali não se situa o centro da sua vida social e familiar e da sua economia doméstica. II - Só deve ser considerada excepção de permanência de familiares no prédio arrendado - artigo 1093 n. 2 alínea d) do Código Civil - quando não tenha havido...
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