Acórdão nº 079307 de Supremo Tribunal de Justiça (Portugal), 06 de Dezembro de 1990
| Magistrado Responsável | GARCIA DA FONSECA |
| Data da Resolução | 06 de Dezembro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1409 ART1410. CPC67 ART722 N2 ART729 N2.
Sumário : I - A referencia feita em escrituras publicas (invocadas pelos Autores) a que a entrada para dois predios "e feita atraves de um patio comum", constitui um acordo obrigacional exterior a transferencia de propriedade e a definição dos bens transmitidos, pelo que não houve transferencia entre os interessados da propriedade do referido patio. II - O direito de preferencia esta estabelecido para o caso da compropriedade e assenta em tres requisitos: a) existencia de uma compropriedade; b) transmissão de uma quota dessa compropriedade; c) não cumprimento do disposto no artigo 416 do Codigo Civil...
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