Acórdão nº 9130459 de Court of Appeal of Porto (Portugal), 20 de Fevereiro de 1992
| Magistrado Responsável | LOPES FURTADO |
| Data da Resolução | 20 de Fevereiro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART219 ART416 N1 ART1409 N2 ART342 N2 ART334 ART1410 N1 ART298 N2 ART489. CCIV867 ART815.
Jurisprudência Nacional: AC STJ DE 1987/02/03 IN BMJ N364 PAG817. AC RL DE 1973/02/07 IN BMJ N224 PAG222.
Sumário: I - A renúncia a direito de preferência, quer legal, quer contratual, não está sujeita a qualquer formalidade, regendo-se pelo disposto no artigo 219 do Código Civil, ao contrário do que se dispunha no artigo 815, parágrafo 2 do Código Civil de Seabra. II - Mas no caso da preferência legal não é possível a renúncia antecipada e genérica ao direito, ao contrário da contratual. III - Por isso só pode verificar-se a renúncia à preferência legal após a comunicação ao preferente do negócio com todos os elementos essenciais, e tal comunicação só pode ser feita por quem está obrigado a oferecer a preferência. IV - É de...
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