Acórdão nº 079461 de Supremo Tribunal de Justiça (Portugal), 15 de Novembro de 1990 (caso NULL)
| Magistrado Responsável | PEREIRA DA SILVA |
| Data da Resolução | 15 de Novembro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR REAIS.
LegislaÁ„o Nacional: CPC67 ART668 N1 B C D ART1465 N1 N3. CCIV66 ART1320 ART1380 N1 N2 B. CCIV867 ART2309 PAR5.
JurisprudÍncia Nacional: AC STJ DE 1978/04/26 IN BMJ N276 PAG272.
Sum·rio : I - Da letra do artigo 1380, n. 2, alinea b) do Codigo Civil, resulta claramente que, sendo varios os predios confinantes com area inferior a unidade de cultura, a cada um dos respectivos proprietarios assiste um direito de preferencia autonomo, limitando-se a lei a estabelecer um criterio de prioridade entre os varios preferentes. II - Para que tal direito real se concretize, torna-se necessario que se verifiquem, cumulativamente, os seguintes pressupostos: - que tenha sido vendido ou dado em cumprimento um predio...
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