Acórdão nº 9050905 de Court of Appeal of Porto (Portugal), 24 de Outubro de 1991
Magistrado Responsável | VICTOR BRITES |
Data da Resolução | 24 de Outubro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART342 N2 ART1380 N4 ART1410. CCIV66 NA REDACÇÃO DO DL 368/77 DE 1977/09/03 ART1463. CONST82 ART36 N3. CPC67 ART1450 ART1465.
Jurisprudência Nacional: AC STJ DE 1979/05/03 IN BMJ N287 PAG210. AC STJ DE 1982/06/22 IN BMJ N318 PAG415. AC STJ DE 1982/10/12 IN BMJ N320 PAG416. AC STJ DE 1984/12/04 IN BMJ N342 PAG351. AC STJ DE 1981/02/25 IN BMJ N304 PAG375. AC RL DE 1984/02/02 IN CJ ANOIX T1 PAG133. AC RP DE 1983/09/03 IN CJ ANOVIII T1 PAG225.
Sumário: I - Em acção de preferência, a prova da notificação ao preferente do projecto da venda cabe ao réu, já que é essa prova que constitui impedimento ao exercício do direito de preferência consagrado. II - Se o prédio confinante - de que emerge o direito de preferência - é de cônjuges casados segundo o regime de comunhão geral de bens, torna-se...
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