Acórdão nº 0099992 de Court of Appeal of Lisbon (Portugal), 18 de Janeiro de 1996
| Magistrado Responsável | SILVA PEREIRA |
| Data da Resolução | 18 de Janeiro de 1996 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART798 ART1031 B ART1036 N1 ART1043 N1 ART1092.
Sumário: I - Do disposto nos arts. 1031, al. b), e 1036, n. 1, do CC, decorre que ao locador cabe fazer as reparações ou outras despesas essenciais e indispensáveis para assegurar ao locatário o gozo da coisa de harmonia com o fim contratual. II - Nos termos dos arts. 1043, n. 1, a contrário, e 1092, do CC, ao arrendatário incumbem as reparações resultantes de imprudente ou anormal utilização da coisa locada e também a reparação de pequenas deteriorações nela feitas, com o fim de assegurar o seu conforto e comodidade. III - A não realização, pelo senhorio, de reparações ou outras despesas indispensáveis para assegurar o gozo da coisa locada, integra uma situação de incumprimento do contrato de arrendamento por banda do senhorio...
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