Acórdão nº 9821218 de Supremo Tribunal Administrativo (Portugal), 01 de Junho de 1999 (caso None)
| Data | 01 Junho 1999 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: RAU90 ART116 N1 N2. CCIV66 ART830.
Jurisprudência Nacional: AC STJ DE 1989/06/15 IN BMJ N388 PAG479. AC STJ DE 1996/06/12 IN CJSTJ T2 ANOIV PAG122. AC RL DE 1995/04/06 IN BMJ N446 PAG340. AC RL DE 1995/06/29 IN CJ T3 ANOXX PAG142.
Sumário: I - Sendo a preferência legal - como acontece com o trespasse por venda de estabelecimento comercial, em face do disposto no artigo 116 ns.1 e 2 do Regime do Arrendamento Urbano - tem o correlativo direito eficácia real ou absoluta, " erga omnes ". II - Em tais casos, a comunicação judicial ou extrajudicial do projecto de transferência ao preferente vincula o proprietário do...
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