Acórdão nº 072965 de Supremo Tribunal de Justiça (Portugal), 14 de Janeiro de 1986
Magistrado Responsável | ALVES CORTES |
Data da Resolução | 14 de Janeiro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR REAIS. DIR PROC CIV.
Legislação Nacional: DL 201/75 DE 1975/04/15 ART1 N2 N3 ART25 N1 N2. CCIV66 ART346 N2 N3 ART416 N1. CPC67 ART489 N1 ART646 N3 ART676 N1. CRP83 ART12. CRP86 ART8.
Jurisprudência Nacional: AC STJ DE 1982/02/18 IN BMJ N314 PAG293. AC STJ DE 1984/07/03 IN BMJ N339 PAG383.
Sumário : I - Se bem que a expressão "agregado familiar" se mostre definida no n. 3 do artigo 1 do Decreto-Lei n. 201/75, de 15 de Abril, para efeito do respectivo n. 2, o certo e que tal expressão se mostra entranhada na linguagem corrente com um sentido exacto, fora do seu conceito estritamente juridico, para significar um grupo de pessoas unidas por parentesco e vivendo em economia comum, traduzindo um conceito que ate corresponde ao expresso naquele preceito legal. Assim, a respectiva realidade confina-se no ambito da materia de facto, podendo a expressão ser contida num quesito, cuja resposta não podera reputar-se de "não -escrita". II - Inferindo-se da resposta a um quesito que, alem do rendeiro, a actividade deste no predio arrendado e tambem...
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