Acórdão nº 067189 de Supremo Tribunal de Justiça (Portugal), 26 de Abril de 1978 (caso NULL)
Magistrado Responsável | SANTOS VICTOR |
Data da Resolução | 26 de Abril de 1978 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART490 ART660 N2 ART668 N1 D. CCIV66 ART1320 ART1381 A B ART1555 N1 ART1556 N1 ART1569 N2 N3. PORT 202 DE 1970/04/21.
Sumário : I - Julgado procedente ou improcedente um pedido com certo fundamento, não se torna necessario esgotar o conhecimento de outros fundamentos que reforcem aquele resultado. II - Para que possa funcionar o direito de preferencia previsto no artigo 1380 do Codigo Civil e necessario: a) Que o preferente seja proprietario de terrenos confinantes com os vendidos, de area inferior a unidade de cultura; b) Que possa haver reciprocidade de direitos de preferencia entre os proprietarios de quaisquer desses predios, na venda que seja feita de uns ou de outros; c) Que o comprador dos predios não seja proprietario de predios confinantes com os vendidos. III - Conforme o disposto no n. 1 do artigo 1 556 daquele Codigo, so no caso em que as aguas sejam de fontes, poços...
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