Acórdão nº 075320 de Supremo Tribunal de Justiça (Portugal), 10 de Novembro de 1987 (caso NULL)
| Magistrado Responsável | ALCIDES DE ALMEIDA |
| Data da Resolução | 10 de Novembro de 1987 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: PALMA CARLOS IN DIREITO DE PREFERENCIA IN CJ ANOX T1 PAG29. RODRIGUES BASTOS IN NOTAS AO CODIGO DE PROCESSO CIVIL V3 PAG226.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT / DIR REAIS.
Legislação Nacional: CPC67 ART498. L 63/77 DE 1977/08/25 ART1 N2.
Jurisprudência Nacional: AC STJ DE 1982/07/06 IN BMJ N319 PAG310. AC STJ DE 1984/07/05 IN BMJ N339 PAG370.
Sumário : I - Para o efeito da procedencia da acção de preferencia, e irrelevante a circunstancia de ao Autor haver sido atribuido o direito de preferencia em prejuizo do Reu na acção de notificação para preferencia, pois o que nesta acção se tem que apreciar, e se o Autor detem ou não a preferencia sobre a coisa vendida, e não, como naquela, se o direito deve ser exercitado pelo Autor ou pelo Reu...
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