Acórdão nº 9110769 de Court of Appeal of Porto (Portugal), 06 de Abril de 1992
| Magistrado Responsável | ALVES CORREIA |
| Data da Resolução | 06 de Abril de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR REAIS.
Legislação Nacional: CCIV66 ART342 N1 N2 ART343 N2 ART416 ART1410 N1. CPC67 ART650 N2 F ART712. L 63/77 DE 1977/08/25 ART1 N1 N2 ART2 N1 ART3. CSISD58 ART145.
Jurisprudência Nacional: AC RC DE 1979/05/08 IN CJ ANOIII PAG872. AC RC DE 1979/04/17 IN CJ T2 ANOIV PAG577. AC RC DE 1980/01/22 IN CJ T1 ANOV PAG121. AC RP DE 1987/07/07 IN CJ T4 ANOXII PAG201. AC STJ DE 1980/05/15 IN BMJ N297 PAG335.
Sumário: I - O locatário habitacional de imóvel urbano ou de fracção autónoma goza do direito de preferência na sua venda ou dação em cumprimento, se houver mais de um locatário que pretenda exercer esse direito abrir-se-á licitação entre eles. II - Não estando constituida a propriedade horizontal, qualquer dos arrendatários tem de exercer o direito de preferência relativamente a todo o imóvel e não apenas à parte...
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