Acórdão nº 075485 de Supremo Tribunal de Justiça (Portugal), 14 de Janeiro de 1988 (caso NULL)
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 14 de Janeiro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1380 ART1381 A.
Jurisprudência Nacional: ASS STJ DE 1986/03/18 IN DR IS DE 1986/05/17.
Sumário : I - A doutrina do Assento de 18 de Março de 1986 tem o seu campo de aplicação confinado aos casos em que o gozo do direito de preferencia não se mostra afectado por qualquer dos impedimentos do artigo 1381 do Codigo Civil. II - Verifica-se o impedimento da alinea a) do referido artigo 1381, uma vez provado que o predio comprado pelos pretensos titulares do direito de preferencia o foi para construção e que ai eles construiram uma casa, ao mesmo tempo que a sua parte não urbanizada sempre ficou afecta a economia do predio urbano a que pertence e ainda que o predio confinante...
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