Acórdão nº 96A125 de Supremo Tribunal de Justiça (Portugal), 22 de Outubro de 1996 (caso NULL)
| Magistrado Responsável | MACHADO SOARES |
| Data da Resolução | 22 de Outubro de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART240 N1 ART243 N1 N2 ART265 ART266 N1 ART268 ART407 ART892. CRP84 ART6 N1. CPC67 ART456.
Jurisprudência Nacional: AC STJ DE 1981/03/05 IN BMJ N305 PAG261.
Sumário : I - Nenhum dos simuladores pode acolher-se à falta de legitimidade do simulado adquirente para atacar o acto de terceiro: assim, nem o simulado adquirente pode pretender declarar nula a aquisição por terceiro nem o simulado alienante tê-la como ineficaz a seu respeito. II - No caso de sucessivas alienações do mesmo direito real, há que reconhecer prevalência a quem adquiriu o direito em primeiro...
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