Acórdão nº 9930296 de Court of Appeal of Porto (Portugal), 11 de Março de 1999
| Magistrado Responsável | CUSTODIO MONTES |
| Data da Resolução | 11 de Março de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC95 ART412 N1. CCIV66 ART1380 N1.
Sumário: I - Se o agravante não deduziu oposição ao embargo de obra nova requerido pelo agravado como preliminar de acção de preferência que intentou contra aquele, relativamente à compra e venda de um prédio rústico seu, para intimar o adquirente a que não cause ao prédio objecto da preferência lesão grave e irreparável, não pode inserir nas conclusões do recurso a excepção peremptória de que o prédio vendido se destinava à construção. II - Para que proceda a providência...
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