Acórdão nº 96A807 de Supremo Tribunal de Justiça (Portugal), 18 de Março de 1997
Data | 18 Março 1997 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART26 N3 ART668 N1 B D. CCIV66 ART1 ART85 N1 ART350 N1 ART664 ART1111 N1 ART1311 N2. CONST89 ART65 ART67 ART68 ART69. RAU90 ART55 ART76 ART85 N1.
Jurisprudência Nacional: AC STJ DE 1987/07/14 IN BMJ N369 PAG549. AC RL DE 1977/12/14 IN CJ ANOV TII PAG1068.
Sumário : I - O requisito da convivência com o arrendatário "pelo menos há um ano", previsto no artigo 1111 do C.Civil (actualmente, no artigo 85 do RAU), para efeitos de transmissão do direito ao arrendamento por morte do arrendatário, é facto constitutivo desse direito, cuja prova cabe a quem o invocar (artigo 342, n. 1 do citado...
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