Acórdão nº 085614 de Supremo Tribunal Administrativo (Portugal), 02 de Março de 1995 (caso None)
Magistrado Responsável | COSTA SOARES |
Data da Resolução | 02 de Março de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M ANDRADE NOÇÕES ELEMENTARES DE PROC CIV VOLI 1956 PAG360.
Área Temática: DIR CIV - DIR REAIS / TEORIA GERAL. DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART4 ART268 ART272 ART273 ART460 N2 ART462 N1 ART467 N1 C ART511 ART513 ART664 ART1418 ART1460 ART1465. CCIV66 ART342 N1 ART416 ART1410. DL 63/77 DE 1977/08/25 ART1 ART2 N1. CPC67 ART273.
Sumário : I - O artigo 1410 do Código Civil é uma norma de direito substantivo que tem em vista casos de preterição do preferente por um adquirente sem qualquer preferência, conferindo ao titular da preferência o direito de acima numa acção declarativa comum. II - O artigo 1465 do Código de Processo Civil é uma norma de direito adjectivo que tem em vista casos em que o direito de preferência cabe em simultâneo ou sucessivamente a diversas pessoas. III - Ao preferente cabe o ónus da prova dos...
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