Acórdão nº 107/05.8TBMD.L1-2 de Court of Appeal of Lisbon (Portugal), 05 de Novembro de 2009
Magistrado Responsável | MARIA JOSÉ MOURO |
Data da Resolução | 05 de Novembro de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: REVOGADA A DECISÃO Sumário: I - Se o usufrutuário, no uso dos poderes que a lei lhe confere de usar, fruir e administrar a coisa celebrar um contrato de locação, tal contrato caducará por sua morte - sendo o usufruto vitalício – porque cessou, então, o direito com base no qual o contrato foi celebrado. Todavia, no caso de caducidade do contrato de arrendamento para habitação, consoante o nº 2 do art. 66 do RAU, o arrendatário tem direito a um novo arrendamento: o contrato caduca extinguindo-se a relação contratual, mas confere-se ao arrendatário o direito a celebrar um novo contrato de arrendamento, nos termos do art. 90 do RAU.
II - O prazo para o exercício deste direito conta-se a partir da data do conhecimento do facto que determinou a caducidade, o qual é integrado pelo conhecimento da qualidade de usufrutuário do primitivo senhorio e pelo conhecimento da sua morte.
III - O conhecimento em causa relevará para efeitos do direito ao novo arrendamento que ao inquilino assistiria, não interferindo na caducidade do contrato de arrendamento anteriormente celebrado, efectivamente verificada.
IV - A posterior actuação dos donos do prédio, reconduza-se ou não ao abuso de direito, não influi naquela...
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