Acórdão nº 071695 de Supremo Tribunal de Justiça (Portugal), 29 de Maio de 1984 (caso NULL)
Magistrado Responsável | JOAQUIM FIGUEIREDO |
Data da Resolução | 29 de Maio de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS CPC ANOTADO VOLV PÁG93.
Área Temática: DIR PROC CIV. DIR CONST - DIR FUND. DIR CIV - DIR CONTRAT / DIR OBG.
Legislação Nacional: CPC67 ART664 ART668 N1 C D ART1463 N1. CONST76 ART36 N3 ART312 N3. CONST82 ART300 N2. CCIV66 ART416 N1 ART1110 N1 N2 N3 ART1111 ART1678 N3 ART1682-A N2 ART 1682-B. L 63/77 DE 1977/08/25 ART1 ART3.
Sumário : I - Ser-se arrendatário não é um facto material simples que a parte possa confessar, vinculando a acção do juiz. Atribuir a alguém a qualidade de arrendatário é, sem dúvida, fazer um juízo de carácter jurídico acerca de determinada situação de facto. II - O artigo 1110, n. 1 do Código Civil estabelece inequivocamente a regra da incomunicabilidade do direito ao arrendamento para habitação seja qual for o regime matrimonial. III - Havendo divórcio ou separação judicial de pessoas e bens, tal posição pode transferir-se para o cônjuge; e pode transmitir-se para o cônjuge...
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