Acórdão nº 087012 de Supremo Tribunal de Justiça (Portugal), 22 de Novembro de 1995
| Magistrado Responsável | TORRES PAULO |
| Data da Resolução | 22 de Novembro de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA IN RLJ N3718 PÁG224.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL. DIR CONST - DIR FUND.
Legislação Nacional: L 63/77 DE 1977/08/25 ART1. CCIV66 ART9 N2. CONST89 ART65 N2.
Jurisprudência Nacional: AC STJ DE 1981/07/28 IN BMJ N309 PAG342.
Sumário : I - O que caracteriza o contrato de arrendamento habitacional para curtos períodos de vilegiatura não é a duração do contrato, mas a respectiva finalidade de utilização do objecto imediato em termos de não permanência. II - Em face do artigo 9, n. 2 do Código Civil, o espírito da lei 63/77, de 25 de Agosto, que instituiu o direito de preferência a favor do locatário residencial, é o de facilitar a aquisição do prédio, não a quem apenas arrendou, mas a quem nele efectivamente habita mediante o vínculo locatício. III - A concessão de...
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