Acórdão nº 9420824 de Court of Appeal of Porto (Portugal), 18 de Abril de 1995
| Magistrado Responsável | CANDIDO DE LEMOS |
| Data da Resolução | 18 de Abril de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART650 N1. CCIV66 ART1380. DL 384/88 DE 1988/10/25 ART18.
Jurisprudência Nacional: AC RC DE 1993/09/21 IN CJ T4 ANOXVII PAG41. AC STJ DE 1988/07/05 IN BMJ N379 PAG578. AC RP DE 1971/03/19 IN BMJ N205 PAG260.
Sumário: I - À parte que se insurge contra a formulação de um quesito novo no decurso da audiência, invocando a dificuldade adveniente para a sua defesa, cabe requerer a produção da prova sobre essa matéria e só recorrer se tal lhe for indeferido. II - Ao Autor em acção de preferência com fundamento no artigo 1380 do Código Civil cumpre alegar e provar que o prédio objecto de preferência foi vendido a comprador não confinante, mas tal alegação é satisfeita com a não indicação, na...
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