Acórdão nº 073904 de Supremo Tribunal Administrativo (Portugal), 15 de Janeiro de 1987 (caso None)
Data | 15 Janeiro 1987 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: L 76/77 DE 1977/09/29 ART3 ART22 N1 A ART29 N1 N2 ART42 N3 ART49. DL 201/75 DE 1975/04/15 ART2 N1. L 77/77 DE 1977/09/29 ART52 A N1. L 76/79 DE 1979/12/03 ART2 ART3. CCIV66 ART12 ART217 N1 ART219 ART342 N2 ART416 ART418 ART434 N1 N2 ART1410. CPC61 ART722 N3 ART727 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1978/03/09 IN BMJ N241 PAG290. AC STJ DE 1979/07/24 IN BMJ N275 PAG220. AC STJ DE 1972/10/27 IN BMJ N220 PAG163. AC STJ DE 1974/01/08 IN BMJ N233 PAG190. AC STJ DE 1974/01/08 IN RLJ ANO107 PAG349. AC STJ DE 1984/11/20 IN BMJ N341 PAG432.
Sumário : I - Um contrato de arrendamento rural relativo a predio com superficie agricola util superior a um hectare, celebrado verbalmente em Outubro de 1971, altura em que não era obrigatoria a sua redução a escrito, não esta sujeito a esta forma nos termos do artigo 3, n. 3, da Lei n. 76/77, de 29 de Setembro, sendo-lhe, portanto, inaplicavel o disposto no artigo 42, n. 3, pois o artigo 49 desta Lei, que mandava aplicar o seu regime aos contratos existentes a data da sua entrada em vigor, foi revogado pelo artigo 2 da Lei n. 76/77, de 3 de Dezembro. II - O direito de preferencia que o artigo 29, n. 1, daquela primeira Lei confere aos respectivos arrendatarios no caso de venda de predios objecto de arrendamento rural esta subordinado, por força do n. 2 do mesmo artigo, ao estatuido no artigo 416, n. 1, do Codigo Civil, nos termos do qual deve o obrigado a preferencia comunicar - por qualquer meio (artigos 217, n. 1, e 219, do citado...
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