Acórdão nº 088293 de Supremo Tribunal de Justiça (Portugal), 18 de Abril de 1996 (caso NULL)
Data | 18 Abril 1996 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: A VARELA P BELEZA DIR PREF PROC NOT IN CJ 1990 ANOXV TIII PÁG33.
Área Temática: DIR CIV - DIR REAIS / TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: L 63/77 DE 1977/08/25 ART1 N1 ART2 N1 N2 ART3. CCIV66 ART416 N1 ART1117. RAU90. CPC67 ART1465.
Jurisprudência Nacional: ASS STJ DE 1995/02/01 IN DR IS DE 1995/04/20.
Sumário : I - Desde que na venda de prédio misto-urbano e rústico - - em que havia locatário comercial e locatário habitacional, ambos com iguais direitos de preferência e não se tendo cumprido o artigo 416, n. 1 do Código Civil, a aqui Autora tinha de dar cumprimento ao disposto no artigo 1465 do Código de Processo Civil, antes de propor esta acção, abrindo-se licitação entre elas, pelo que a acção tem de improceder. II - Dado que a acção...
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