Acórdão nº 0101912 de Court of Appeal of Lisbon (Portugal), 23 de Novembro de 1995
Magistrado Responsável | FREITAS DE CARVALHO |
Data da Resolução | 23 de Novembro de 1995 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART1051 N1 C ART1317 ART2031. RAU90 ART66 N1.
Sumário: I - O artigo 1051, n. 1, alínea c), do Código Civil, na parte em que estabelece a caducidade do contrato de arrendamento pela cessação dos poderes legais de administração com base nos quais o contrato foi celebrado, não tem aplicação nos casos em que o locador, cabeça de casal da herança indivisa a que pertence o prédio locado, venha posteriormente a adquirir a propriedade do mesmo por lhe ser adjudicado em partilha. II - Tal entendimento sai reforçado quando, sendo locadores a cabeça de casal e seus dois sobrinhos...
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