Acórdão nº 0410119 de Court of Appeal of Porto (Portugal), 16 de Maio de 1991
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 16 de Maio de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A SENTENçA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1087 ART1096 N1 A ART1098 N1. LEI 55/79 DE 1979/09/15 ART2 N1.
Jurisprudência Nacional: AC RP DE 1979/05/29 IN BMJ N222 PAG471. AC RP DE 1979/07/19 IN CJ ANOIV T4 PAG1266.
Sumário: I- Nos termos do art. 1096, n. 1, al. a), C. C., o senhorio pode denunciar o contrato de arrendamento, para o termo do prazo ou da renovação, quando necessita do predio para sua habitação; II- O senhorio, para alem da alegação e prova da necessidade, que tem de ser real, seria e actual, tem ainda de alegar e provar os requisitos referidos nas als. a) a c) do n. 1 do art. 1098 do mesmo Codigo; III- Como factos impeditivos do direito, incumbe ao reu a alegação e prova de algumas das situações enunciadas no art. 2, n. 1, da Lei n. 55/79, de 15/09; IV- Tem necessidade do predio para habitarem os AA. que, com...
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