Acórdão nº 9250919 de Court of Appeal of Porto (Portugal), 24 de Maio de 1993
Magistrado Responsável | ANTERO RIBEIRO |
Data da Resolução | 24 de Maio de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART690 N1 ART456 N1. RAU ART64 N1 B. CCIV66 ART1093 N1 B ART1038 C ART334 ART802 N2. DL 328/86 DE 1986/09/30.
Jurisprudência Nacional: AC STJ DE 1982/12/02 IN BMJ N322 PAG315. SENT T CIV PORTO 2J DE 1984/01/18 IN CJ ANOIX T2 PAG327. AC RL DE 1982/03/09 IN CJ ANOVII T2 PAG159. AC STJ DE 1946/07/16 IN BO ANOVI PAG340. AC RL DE 1970/10/21 IN BMJ N200 PAG284. AC RL DE 1970/10/21 IN JR ANOXVI PAG661. AC RP DE 1984/04/10 IN CJ ANOIX T2 PAG235. AC STJ DE 1976/03/26 IN BMJ N255 PAG140. AC RC DE 1981/04/28 IN CJ ANOVI T2 PAG49. AC RL DE 1984/01/26 IN CJ ANOIX T1 PAG125. AC STJ DE 1968/06/25 IN BMJ N178 PAG191. AC STJ DE 1972/11/17 IN BMJ N221 PAG164.
Sumário: I - Definindo uma infracção do contrato de arrendamento que conduz à sua resolução, a alínea b) do nº 1 do artigo 1093 do Código Civil só abrange os ramos do negócio que efectivamente são diferentes, não aqueles que, por necessária ou intimamente ligados ao ramo autorizado, não são contratualmente excluídos pelo senhorio, não sendo...
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