Acórdão nº 0069071 de Court of Appeal of Lisbon (Portugal), 19 de Outubro de 1993
Magistrado Responsável | PINTO MONTEIRO |
Data da Resolução | 19 de Outubro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: PEREIRA COELHO ARRENDAMENTO PAG126. JOÃO DE MATOS MANUAL II PAG25. ISIDRO MATOS ARRENDAMENTO E ALUGUER PAG123.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART798 ART813 ART1031 B ART1036 N1 N2 ART1038 H.
Jurisprudência Nacional: AC RL DE 1878/05/10 IN CJ 1978 III PAG927.
Sumário: I - Não sendo hoje o senhorio obrigado a conservar o prédio arrendado no mesmo estado durante o arrendamento, como era consagrado pela legislação anterior, está, contudo, vinculado a fazer as reparações necessárias para manter o prédio em estado correspondente ao seu destino. II - Sobre o locatário recai a obrigação de avisar imediatamente o locador, sempre que tenha conhecimento de vícios na coisa, ou saiba que a ameaça algum perigo. III - Não fazendo o locador as reparações ou cumprindo defeituosamente, o locatário tem o direito de ser indemnizado dos prejuízos que daí advierem. IV - Se o locador se constituir em mora e as obras forem consideradas urgentes, estas podem ser directamente efectuadas pelo locatário. V - Se a urgência exigir actuação imediata, o locatário poderá actuar independentemente de mora, desde que, ao...
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