Acórdão nº 068695 de Supremo Tribunal de Justiça (Portugal), 30 de Outubro de 1980 (caso NULL)
| Magistrado Responsável | DANIEL FERREIRA |
| Data da Resolução | 30 de Outubro de 1980 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. NEGADA A REVISTA.
Indicações Eventuais: L CARDOSO ANOT 3ED.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART11 ART416 N2 ART417 ART1380 ART1381 A B ART1409 ART1410 N2 ART1411. D 47090 DE 1967/05/11. CPC67 ART1458 N4 ART1459 N2 N4.
Jurisprudência Nacional: AC STJ DE 1978/02/21 IN BMJ N274 PAG241.
Sumário : I - A notificação extrajudicial para preferência é distinta da notificação judicial, com regimes próprios e que não podem ser utilizados por analogia, pois têm consequências jurídicas diferentes. Assim, usada a notificação extrajudicial englobando vários prédios e coisas móveis, sem discriminação de preço, os notificados não podem usar dos meios próprios de notificação judicial, para individualização do preço, não caducando o seu direito de preferência quando respondem que exercerão o seu...
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