Acórdão nº 086922 de Supremo Tribunal Administrativo (Portugal), 11 de Maio de 1995 (caso None)
| Magistrado Responsável | MARIO CANCELA |
| Data da Resolução | 11 de Maio de 1995 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: R BASTOS NOTAS VOLII 2ED PAG61.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART289 ART1410 N2. CPC67 ART193 N1 N2 A ART287 ART494 N1 A ART495 ART753.
Sumário : I - Nas acções de preferência a causa de pedir é a transmissão da coisa, fundamento do efeito jurídico pretendido pelo preferente, havendo essa causa de pedir na acção, inicialmente, pois o prédio em causa tinha sido vendido por escritura pública. II - Mas tendo essa compra e venda sido declarada nula por sentença transitada em julgado, os seus efeitos retrotraiem-se e tudo se passa como se não...
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