Acórdão nº 086526 de Supremo Tribunal de Justiça (Portugal), 07 de Março de 1995 (caso NULL)
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 07 de Março de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC EXEC / PROC ESP. DIR CIV - DIR CONTRAT / DIR REAIS / DIR FAM. DIR REGIS NOT. DIR TRIB - DIR FISC.
Legislação Nacional: CCIV66 ART874 ART879 ARRT1406 ART1682. CPC67 ART18 ART19 ART273 N2 ART909 N2 ART1463 N1. CIMSISD91 ART51. CRP84 ART8 N1. CCIV867 ART815 PARÚNICO.
Jurisprudência Nacional: AC STJ DE 1985/06/27 IN BMJ N348 PAG422. AC STJ DE 1993/03/17 IN CJ TII ANOI PAG11.
Sumário : I - Tendo a acção por objecto um direito de preferência que fará deslocar o objecto do contrato de compra e venda para alheia esfera patrimonial, a consorte do comprador, que com este casou em regime de comunhão de adquiridos, não só é parte legítima como tem de ser demandada juntamente com o marido, sob pena de ilegitimidade deste, por ser caso de litisconsórcio necessário passivo. II - A expressão "preço devido" do artigo 1410 do CCIV66 refere-se apenas à contraprestação paga ao vendedor. Isto não quer dizer, porém, que o comprador, atento o princípio do enriquecimento sem causa, não...
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