Acórdão nº 062876 de Supremo Tribunal de Justiça (Portugal), 13 de Janeiro de 1970
Data | 13 Janeiro 1970 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV.
Legislação Nacional: L 2030 DE 1948/06/22 ART41 ART43 N6. CCIV66 ART1099 ART1114. CPC67 ART664.
Sumário : I - Os reflexos, sobre a relação juridica de arrendamento, do obito de usufrutuario de predio urbano que, nessa qualidade, o arrendara, devem ser apreciados e julgados em conformidade com a lei anterior ao Codigo Civil, quando esse obito tenha ocorrido antes da entrada em vigor deste diploma. II - A circunstancia de o arrendatario desconhecer, no momento da celebração do contrato, que o senhorio era apenas usufrutuario do predio que lhe dava de arrendamento, não e impeditiva de o respectivo proprietario exercer o direito que lhe e atribuido pelo n. 1 do artigo 41 da Lei n. 2030, de 22 de Junho de 1948. III - Nada obsta a que o pedido de compensação a que se refere o n. 6 do artigo 43 da Lei n. 2030, por mais valia advinda ao predio por facto do arrendatario e quando este, ao tempo, desconhecia não ter contratado o arrendamento com quem não era proprietario pleno...
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