Acórdão nº 063829 de Supremo Tribunal de Justiça (Portugal), 11 de Abril de 1972
Magistrado Responsável | ALBUQUERQUE ROCHA |
Data da Resolução | 11 de Abril de 1972 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: L 2030 DE 1948/06/22 ART36 ART37 N1 A N2 ART38 ART66 N1 ART68. L 1662 DE 1924/09/04 ART5 PAR8. CCIV867 ART9. CPC67 ART646 N3. CPP29 ART494 N3.
Sumário : I - Na vigencia da Lei n. 2030 e por força do seu artigo 37, o arrendamento para comercio ou industria tinha de constar de escritura publica e a falta deste titulo tornava o contrato absolutamente nulo e insusceptivel de ser admitido em juizo. II - Nestas condições, o arrendatario que apenas seja titular de arrendamento celebrado por documento particular e em que se disse destinar-se o andar arrendado a habitação, não goza do direito de preferencia concedido pelo artigo 66 da Lei n. 2030, embora, com conhecimento e sem oposição...
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