Acórdão nº 96A443 de Supremo Tribunal de Justiça (Portugal), 28 de Janeiro de 1997
| Magistrado Responsável | MACHADO SOARES |
| Data da Resolução | 28 de Janeiro de 1997 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: RAU90 ART44 N2 ART45 ART46 N2 ART64 F ART90 N1 ART94 N1 N4. CCIV66 ART12 N2 ART1038 G ART1049 ART1061 ART1102 ART1103.
Jurisprudência Nacional: AC RL DE 1992/01/20 IN CJ ANOXVII TI PAG150.
Sumário : I - As leis que regulam a extinção por caducidade dos contratos são de aplicação imediata, mesmo aos negócios em curso, por se tratar de efeito que pode ser dissociado da conclusão dos contratos. II - Quando o contrato de arrendamento para habitação caduque por morte do arrendatário, o sublocatário tem direito a novo arrendamento, desde que a sublocação seja eficaz em relação ao senhorio. III - Para efeitos do artigo 90 n. 1 alínea b) do RAU90, para que a sublocação seja eficaz em relação ao senhorio é necessário que este tenha reconhecido o sublocatário...
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