Acórdão nº 069076 de Supremo Tribunal de Justiça (Portugal), 26 de Novembro de 1980 (caso NULL)
Magistrado Responsável | JOAQUIM FIGUEIREDO |
Data da Resolução | 26 de Novembro de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CIT VAZ SERRA RLJ ANO112 PAG245.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART268 N1 N3 N4 ART471 ART1410 N1 N2. CPC67 ART26.
Jurisprudência Nacional: AC STJ DE 1975/05/20 IN BMJ N247 PAG155. AC STJ DE 1979/12/18 IN BMJ N202 PAG208. AC STJ DE 1979/02/01 IN BMJ N284 PAG146. AC STJ DE 1979/06/07 IN BMJ N288 PAG307. AC STJ DE 1979/03/06 IN BMJ N285 PAG286.
Sumário : I - Se atraves da acção apenas se pretende exercer o direito de preferencia, não se ve que interesse, expresso pelo prejuizo que da sua procedencia advenha, tenha o alienante da coisa em contradizer. Quando muito, o alienante pode ter um mero interesse moral (apoiado em razões de ordem moral) em que a coisa não venha a integrar-se no patrimonio do preferente; mas, na hipotese, um interesse dessa natureza não releva para efeitos da legitimidade das partes. II - O exercicio do direito de preferencia depende da validade de transmissão, mas não da sua eficacia relativamente a pessoa em nome de quem o negocio foi celebrado. Importa apenas que a...
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