Acórdão nº 0062671 de Court of Appeal of Lisbon (Portugal), 12 de Janeiro de 1993
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 12 de Janeiro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART363 ART368 ART371 ART1098. CPC67 ART646 N4.
Jurisprudência Nacional: AC RC DE 1970/01/30 IN JR N16 PAG186. AC RP DE 1970/02/27 IN BMJ N195 PAG255.
Sumário: I - É sabido que nem sempre o que consta dos documentos oficiais sobre a descrição dos prédios corresponde à realidade, pois ou a fiscalização oficial peca por defeito ou os interessados não mantém actualizados (quer no tempo, quer face à realidade predial) esses registos. II - O doc. de fls. 215 tem a força probatória que lhe assinala o art. 368 do Código Civil, já que não foi impugnada a sua exactidão, e ainda a dos arts. 363 e 371, posto que reprodução (notarialmente reconhecida) de documento autentico (caderneta predial). III - Pelo que, na conformidade do art. 646, n. 4, CPC, e quanto aos Q. 18 e 19, se têm por não escritas essas respostas. IV - Relativamente ao art. 1098 do Código Civil, conspectua-se que é mais significativa a jurisprudencia e doutrina que sustentam que a necessidade do arrendado para constituição da habitação própria é um requisito que tem de ser alegado e provado, não sendo mera decorrência dos outros requisitos. V - É jurisprudencia dominante a que sustenta que a necessidade do prédio tem de ser actual, apreciada em função da vida, situação e previsões do senhorio ao tempo da acção, não podendo basear-se em possíveis eventos futuros, sendo que tal necessidade é não só a existente mas ainda a em perspectiva, desde que esta seja séria e esteja demonstrada...
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