Acórdão nº 076220 de Supremo Tribunal Administrativo (Portugal), 05 de Maio de 1988 (caso None)
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 05 de Maio de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART28 N1 ART1458 N6 ART1464 ART1465. CCIV66 ART419 N2 ART1117 N1 N4. L 63/77 DE 1977/08/25 ART1 ART2 N1 N2.
Sumário : I - O titular do direito de preferencia legal (arrendatario habitacional) não e obrigado a notificar os restantes preferentes para que digam se pretendem (ou não) exercer o seu direito de preferir. II - Quando o direito de preferencia pertence simultaneamente a varios titulares, não e de aplicar o artigo 1465 do Codigo de Processo Civil, por não haver direitos sucessivos de preferencia, mas sim o artigo 1458, n. 6, do mesmo Codigo, que mesmo Codigo, que determina o exercicio conjunto do do direito de preferencia, quando este pertence, em simultaneo, a varios titulares (artigo 419, n. 1, do Codigo Civil). III - Todavia, quando esse direito pertence a mais de um titular e haja de ser exercido apenas por um deles (caso previsto no artigo 419, n. 2, do Codigo Civil), ja e indispensavel propor a acção de preferencia com previa notificação dos outros titulares. IV - So que existem situações diferentes das enunciadas nas conclusões anteriores, ou sejam, as da preferencia resultante de direitos distintos, ainda que da mesma natureza, quer...
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