Acórdão nº 079698 de Supremo Tribunal Administrativo (Portugal), 21 de Fevereiro de 1991 (caso None)
Magistrado Responsável | RICARDO DA VELHA |
Data da Resolução | 21 de Fevereiro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: L 76/77 DE 1977/09/29 ART29 ART42. CCIV66 ART219 ART222 ART236 N2 ART303 ART333 ART393 N3 ART410 N2 ART416 N2 ART1409 N2. CPC67 ART142 ART489 ART510 N1 C N2 N3.
Jurisprudência Nacional: AC STJ DE 1979/07/10 IN BMJ N289 PAG242. AC STA DE 1984/05/03 IN AD N272 - N273 PAG1065.
Sumário : I - O n. 2 do artigo 29 da Lei n. 76/77, de 29 de Setembro, ao remeter para os artigos 416 a 418 do Codigo Civil, tem em vista os efeitos do pacto de preferencia previsto nestes artigos e não a sua forma, visto que o direito de preferencia do arrendatario rural reconhecido no artigo 29 e um direito legal e não convencional. II - O exercicio do direito de preferencia faz-se por qualquer meio, porque a lei não exige forma escrita (artigo 219 do Codigo Civil). III - A Comunicação do obrigado a dar preferencia deve obedecer aos requisitos exigidos pelo artigo 416 n. 1 do Codigo Civil, isto e, deve conter os elementos essenciais do contrato, ou sejam, para alem do objecto da compra e venda, o preço, condições de pagamento e a pessoa do adquirente. IV - Faltando naquela declaração qualquer dos elementos essenciais, não caduca o exercicio do direito de preferir pelos autores por falta ou deficiencia na respectiva declaração. V - Tendo os recorrentes invocado na contestação apenas a renuncia dos recorridos e a não aceitação destes das condições de pagamento, não podem invocar no recurso a excepção de caducidade com base nos documentos juntos pelos...
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