Acórdão nº 069528 de Supremo Tribunal Administrativo (Portugal), 14 de Janeiro de 1982 (caso None)
Data | 14 Janeiro 1982 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA A VARELA CCIV ANOTADO VOLI 2ED NOTA AO ART417.
Área Temática: DIR CIV - DIR OBG / DIR REAIS. DIR PROC CIV - PROC ESP / RECURSOS. DIR CIV - TEORIA GERAL.
Legislação Nacional: DL 201/75 DE 1975/04/15 ART25 N2 N3 N7. L 76/77 DE 1977/09/29 ART29 N2 N3. CCIV66 ART219 ART417 ART419 ART1376 N1 N2 N3 ART1410 N1. CPC67 ART664 ART707 N1 ART729 N3 ART1459 N1 N2 N3 ART1460. PORT 202/70 DE 1970/04/21.
Sumário : I - Em caso de venda global e querendo o preferente exercer o seu direito apenas em relação ao prédio sujeito a preferência, a exigência da prévia propositura da acção de arbitramento nos termos do n. 2 do artigo 1459 do Código de Processo Civil só tem lugar se ele houver sido notificado judicialmente através do respectivo processo de jurisdição voluntária. Baseando-se o direito do preferente na sua qualidade de arrendatário de um (ou alguns) dos prédios objecto do projecto da venda global e tratando-se de arrendamento rural, a prévia propositura da acção de arbitramento nem sequer se torna necessária ao depósito antecipado do preço nos termos do artigo 1410 do Código de Processo Civil, uma vez que o artigo 29 n. 3 da Lei 76/77 de 29 de Setembro...
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