Acórdão nº 9240765 de Court of Appeal of Porto (Portugal), 21 de Janeiro de 1993
| Magistrado Responsável | OLIVEIRA BARROS |
| Data da Resolução | 21 de Janeiro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR REAIS.
Legislação Nacional: CCIV66 ART416 ART334.
Sumário: I - A acção real de preferência assenta na ilícita omissão por parte do alienante, obrigado à preferência, do cumprimento do dever de comunicação do projecto de venda e respectivas cláusulas instituído no artigo 416, nº 1, do Código Civil. II - O direito de preferência nasce, ou é adquirido, logo que se efectiva a alienação; por isso, a sentença que o reconhece tem eficácia retroactiva. III - Aquele que compra uma coisa sujeita ao direito de preferência não pode considerar-se verdadeiro proprietário enquanto não decorrer o prazo de preferência, ficando em situação idêntica ao que contrata sob condição resolutiva. IV - Não abusa do seu direito de preferência quem o exerce em relação à compra...
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