Acórdão nº 9150533 de Court of Appeal of Porto (Portugal), 25 de Fevereiro de 1992
| Magistrado Responsável | ARAUJO BARROS |
| Data da Resolução | 25 de Fevereiro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART1098 N1 N2 ART342 N2 ART1096 N1 A ART1097 ART224 ART9 N1 N3 ART360 ART362 ART363 ART376 N1 N2. CPC67 ART964 N1.
Jurisprudência Nacional: AC RP DE 1974/07/10 IN BMJ N239 PAG261. AC RP DE 1979/05/29 IN CJ T3 ANOIV PAG972. AC RL DE 1978/01/25 IN BMJ N275 PAG257. AC RL DE 1990/06/21 IN CJ T3 ANOXV PAG144. AC RC DE 1980/06/03 IN BMJ N301 PAG470. AC RE DE 1981/02/18 IN CJ T1 ANOVI PAG117. AC RE DE 1974/10/30 IN BMJ N241 PAG253. AC STJ DE 1980/10/15 IN BMJ N300 PAG376.
Sumário: I - O facto previsto no número 2 do artigo 1098 do Código Civil é impeditivo do direito de denúncia e, como tal, a prova compete ao inquilino e não ao senhorio. II - O significado especial do ónus da prova não está...
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