Acórdão nº 067540 de Supremo Tribunal de Justiça (Portugal), 08 de Fevereiro de 1979
Magistrado Responsável | MIGUEL CAEIRO |
Data da Resolução | 08 de Fevereiro de 1979 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1022 ART1026 ART1037 N2 ART1038 A F ART1089 ART1094 J ART1129 ART1137 N1 N2 ART1154 ART1155 ART1156. D 13980 DE 1927/07/25.
Sumário : I - Para haver arrendamento - ou subarrendamento - torna-se necessario que o contrato obedeça a tipologia legal (prazo de duração e fixação de renda), podendo acrescer-lhe, como fundamento de despejo, a falta de prestação de serviços que forem determinantes do gozo temporario da habitação. II - O regime especial e proteccionista da lei do inquilinato deixa de justificar-se quando não se tenha tido essencialmente em vista arrendar ou subarrendar, mas apenas ceder a casa para o cessionario dar cumprimento a obrigações emergentes doutro contrato ou doutra situação juridica, como a prestação de serviços. III - Nessas situações o contrato deve caducar pela cessação da actividade pessoal e o...
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