Acórdão nº 073470 de Supremo Tribunal Administrativo (Portugal), 16 de Março de 1986 (caso None)
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 16 de Março de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: DL 406-A/75 DE 1975/07/29 ART1 ART7 N1 N2 ART15. CONST76 ART96. L 77/77 DE 1977/09/29 ART22 ART23. CCIV66 ART280 ART294 ART790 N1. CPC67 ART660.
Sumário : I - O artigo 22 da Lei n. 77/77, de 29 de Setembro, constitui norma imperativa, por impor certa obrigação, e proibitiva, por obrigar a uma certa abstenção: desde que uma pessoa seja ja proprietaria de area maxima de terra que a lei lhe consente, não pode ser proprietaria, na zona de intervenção, de qualquer outra parcela que exceda aquela area. II - Um negocio efectuado em tais condições sera nulo, por ser objecto contrario a lei (artigo 280), e ser celebrado contra disposição legal de caracter imperativo (artigo 294), ambas as disposições do Codigo Civil. III - Por conseguinte, por impossibilidade legal, não pode o beneficiario de uma area de reserva, concedida ao abrigo da Lei n. 77/77, adquirir qualquer parcela da terra, na mesma zona, por negocio juridico, nomeadamente por compra, que, a...
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