Acórdão nº 080654 de Supremo Tribunal Administrativo (Portugal), 23 de Janeiro de 1992
Magistrado Responsável | PIRES DE LIMA |
Data da Resolução | 23 de Janeiro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART9 ART414 ART416 N1 ART423 ART874 ART879 ART1117 N2 ART1119 ART1380 N4 ART1409 N2 ART1535 N2 ART1555 N1 N2 ART2130 N1 ART2235. L 63/77 DE 1977/08/25 ART1 ART3. L 46/85 DE 1985/09/20 ART30. DL 394/88 DE 1988/09/08 ART24 N2.
Jurisprudência Nacional: AC STJ DE 1979/04/19 IN BMJ N286 PÁG247. AC STJ DE 1979/07/24 IN BMJ N289 PÁG311. AC STJ DE 1986/04/08 IN BMJ N356 PÁG325. AC STJ DE 1986/06/12 IN TJ N20/21 PÁG20. AC RP DE 1976/11/10 IN BMJ N263 PÁG297. AC STJ DE 1978/03/09 IN BMJ N275 PÁG220. AC STJ DE 1984/07/03 IN BMJ N339 PÁG383. AC STJ DE 1987/01/15 IN BMJ N363 PÁG508.
Sumário : I - O direito de preferência pode ter duas origens: a convencional e a legal, tendo a primeira por base um negócio jurídico, ao passo que a segunda depende da própria lei. II - Às disposições da preferência legal são aplicáveis, com as necessárias adaptações, as dos pactos de preferência entre as quais vigora o artigo 416, n. 1 do Código Civil. III - Este último dispositivo legal é a pedra de toque de todo um esquema de cumprimento da obrigação e, por isso, para essa norma remeteu as várias disposições que prevêem direitos legais de preferência, de que são exemplos os artigos 1117, n. 2, 1119, 1380, n. 4, 1409, n. 2, 1535 n. 2, 1555 n. 2, 2130 n. 1, todos do Código Civil, e artigo 3 da Lei 63/77...
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