Acórdão nº 0224198 de Court of Appeal of Porto (Portugal), 15 de Janeiro de 1990
| Magistrado Responsável | CARLOS MATIAS |
| Data da Resolução | 15 de Janeiro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART413 ART421 N1 N2.
Sumário: I - Os pactos de preferência têm, em princípio eficácia meramente obrigacional, pelo que: a) não podem ser opostos a terceiro, nomeadamente ao adquirente da coisa, pois apenas vinculam as partes; b) da sua violação pelo obrigado a dar preferência apenas pode resultar a obrigação de ressarcir o preferente dos danos emergentes do incumprimento, e nunca o direito de este perseguir a coisa, fazendo-se substituir ao adquirente. II - A lei admite que as partes outorguem eficácia real ao ao pacto de preferência: o direito de preferência pode, por convenção das partes, gozar de eficácia real se, respeitando a bens imóveis, ou a móveis sujeitos a registo, forem observados os requisitos de forma e publicidade exigidos no artigo 413 do Código Civil. Neste caso, o preferente poderá propor uma acção de preferência...
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