Acórdão nº 076583 de Supremo Tribunal de Justiça (Portugal), 13 de Janeiro de 1989 (caso NULL)
| Magistrado Responsável | JOSE CALEJO |
| Data da Resolução | 13 de Janeiro de 1989 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT P LIMA A VARELA COD CIV ANOT V3 PAG330 E VI PAG217. A COSTA DIR OBG V3 PAG298. C MENDES TEOR GER 1968 V2 PAG53.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART334 ART1408 ART1409 ART1410. CCIV867 ART1566 PAR1 PAR2 ART2177. DL 19126 DE 1930/12/26.
Legislação Estrangeira: CCIV SUIÇO ART2 N2.
Jurisprudência Nacional: AC RP DE 1980/05/29 IN CJ ANOV 1980 T3 PAG86. AC STJ DE 1977/07/07 IN BMJ N269 PAG175.
Sumário : I - Embora na escritura de compra e venda se tivesse dito que foram vendidos 666,66 m2 do predio rustico em causa, essa area corresponde a 2/3 do predio devidamente delimitado, cujo 1/3 restante pertence a um outro comproprietario - o Autor -, pelo que a venda foi da quarta parte desse predio e não da parte especificada, visto ser comum. . II - Como o Autor não foi notificado para preferir, ele exerceu o seu direito da...
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