Acórdão nº 0012914 de Court of Appeal of Lisbon (Portugal), 07 de Julho de 1978
| Magistrado Responsável | PINTO FURTADO |
| Data da Resolução | 07 de Julho de 1978 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: ANTUNES VARELA IN DAS OBRIGAÇÕES EM GERAL N65.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1098 N1 A B.
Jurisprudência Nacional: AC STJ DE 1973/05/15 IN BMJ N227 PAG153.
Sumário: I - Tendo-se decidido no saneador que a questão de saber se a autora é proprietária, comproprietária ou usufrutuária de certo prédio respeita ao mérito, que se apreciará a final, a declaração da sua legitimidade processual naquele despacho não constitui caso julgado afirmativo da propriedade. II - A "beneficiária" de cooperativa de habitação a quem através dum simples contrato escrito de promessa de compra e venda foi logo transmitida a usufruição de um andar, com poder, designadamente, para o arrendar a outras pessoas, preenche o requisito da alínea a) do artigo 1098 - 1 do Código Civil, e deve poder denunciar, para habitação própria, o arrendamento...
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