Acórdão nº 070506 de Supremo Tribunal de Justiça (Portugal), 21 de Dezembro de 1982
Magistrado Responsável | MOREIRA DA SILVA |
Data da Resolução | 21 de Dezembro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR CONTRAT / DIR REAIS / DIR FAM. DIR PROC CIV.
Legislação Nacional: CPC67 ART660 N2 ART668 N1 D ART684 N2 ART713 N2 ART716 N1 ART749 ART1032 N1 N2 ART1037 N1 N2 ART1038 N1 N2 A B C ART1040 ART1285. DL 207/80 DE 1980/07//01. CCIV66 ART1022 ART1031 B ART1036 ART1037 N2 ART1051 N1 E ART1110 N1 N2 N3 N4 ART1111 ART1113 ART1118 ART1125 N2 ART1138 N2 ART1188 N2 ART1251 ART1717 ART1718 ART1724 B ART1733 C ART1773 C. L 2030 DE 1948/06/22 ART44 ART45.
Jurisprudência Nacional: AC STJ DE 1966/11/22 IN BMJ N161 PAG393. AC STJ DE 1962/10/08 IN RLJ ANO96 PAG79. P CCORP DE 1947/02/04.
Sumário : I - O direito ao arrendamento tem natureza essencialmente pessoal, ainda que equiparado aos direitos reais para determinados efeitos. II - O artigo 1110, n. 1, do Codigo Civil afirma a regra geral da incomunicabilidade do direito ao arrendamento para habitação, da qual esta excluida o arrendamento para comercio ou industria. III - No regime da comunhão de adquiridos fazem parte da comunhão os bens adquiridos pelos conjuges na constancia do matrimonio que não sejam exceptuados por lei, inexistindo disposição legal a exceptuar da comunhão o estabelecimento comercial e o direito ao arrendamento que dele faça parte, ou o simples direito ao arrendamento para comercio ou industria, quando a sua aquisição, por qualquer dos conjuges, tenha lugar na constancia do matrimonio...
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