Acórdão nº 072242 de Supremo Tribunal de Justiça (Portugal), 05 de Março de 1985 (caso NULL)
Magistrado Responsável | ALVES CORTES |
Data da Resolução | 05 de Março de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR REAIS.
LegislaÁ„o Nacional: CCIV66 ART342 N2 ART416 N1 A ART418 ART1410. L 63/77 DE 1977/08/25 ART1 N2 ART3. CPC67 ART712 ART722 N2 ART729 N2 N3.
Sum·rio : I - A decis„o da 2 instancia quanto a materia de facto n„o pode ser alterada em recurso de revista, salvo os casos excepcionais previstos no n. 2 do artigo 722 do Codigo de Processo Civil, so podendo censurar o uso que a RelaÁ„o faÁa do disposto no artigo 712 do mesmo Codigo, nada disso se verificando no caso dos autos. II - A lei concede ao locatario habitacional de fracÁ„o autonoma de imovel urbano o direito de preferencia na compra e venda da respectiva fracÁ„o, sendo-lhe aplicavel o disposto nos artigos 416 a 418 do Codigo Civil. III - N„o constitui a comunicaÁ„o exigida no n. 1 desse artigo 416 o ter o proprietario da fracÁ„o alienada dado conhecimento ao inquilino de que pretendia vende-la, oferecendo-lhe a preferencia, n„o provando, como lhe competia - artigo 342, n. 2 do Codigo Civil - que lhe tivesse comunicado o projecto de venda e as clausulas do respectivo...
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