Acórdão nº 0097092 de Court of Appeal of Lisbon (Portugal), 04 de Julho de 1996
Magistrado Responsável | SILVA PEREIRA |
Data da Resolução | 04 de Julho de 1996 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU90 ART69 N1 B ART73. L 2088 DE 1957/06/03 ART1 ART3 N2 N3 PAR2 ART6 ART7. RGEU51 ART66 ART67.
Jurisprudência Nacional: AC RP DE 1989/06/13 IN CJ ANOXIV T3 PAG217. AC RP DE 1987/06/23 IN CJ ANOXII T3 PAG205.
Sumário: I - O despejo com fundamento na denúncia para aumento da capacidade do prédio só é admissível, nos termos do artigo 3, números 2 e 3 e § 2 da Lei 2088, de 3/6/57, se concorrerem os dois seguintes requisitos: a) o número de locais arrendados ou arrendáveis deve aumentar num mínimo de metade, não podendo ser inferior a quatro nas localidades fora de Lisboa, não se contando para o efeito os locais tipo apartamento; b) o edifício novo deve conter locais destinados aos antigos inquilinos, correspondentes aproximadamente aos que eles ocupavam, devendo a correspondência entre os novos locais e os antigos ser apreciada pelo Tribunal, segundo o seu prudente critério. II - Ao afastar os locais do tipo apartamento a lei quis evitar que os senhorios, visando o...
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