Acórdão nº 072263 de Supremo Tribunal de Justiça (Portugal), 21 de Fevereiro de 1985 (caso NULL)
| Magistrado Responsável | SENRA MALGUEIRO |
| Data da Resolução | 21 de Fevereiro de 1985 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG / DIR REAIS. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART342 N2 ART410 ART416 ART417 ART418 ART1117 N1 N2. CPC67 ART722 N2.
Jurisprudência Nacional: AC STJ DE 1971/01/12 IN BMJ N241 PAG292.
Sumário : I - Elementos essenciais da alienação (artigo 1410 do Código Civil) são todos os elementos do negócio capazes de influir decisivamente na formação da vontade de preferir ou não preferir, isto é, que possam ter importância essencial no estabelecimento de uma decisão num sentido ou noutro. Entre esses elementos figura, em posição destacada o preço, bem como as condições do seu pagamento. II - Em acção de preferência, cabe ao réu...
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