Acórdão nº 063577 de Supremo Tribunal Administrativo (Portugal), 16 de Julho de 1971 (caso None)
Magistrado Responsável | LUDOVICO DA COSTA |
Data da Resolução | 16 de Julho de 1971 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART11 ARTR333 ART419 N1 N2 ART420 ART1403 ART1404 ART1409 ART1410 ART1689 ART2130. CCIV867 ART1121 ART1123 ART2180. CPC67 ART26 ART28 ART30 N2 ART498 N4 ART676 ART680.
Sumário : I - A titularidade do direito de preferencia concedido pelo artigo 2130 do Codigo Civil deve ser aferida em relação a data em que o mesmo direito seja exercido, pelo que não pode ser reconhecida a co-herdeiros que ja haviam vendido os seus quinhões hereditarios na data da venda que constitui o objecto do direito de preferencia. II - Os compradores de quinhões hereditarios não podem recorrer da decisão que tenha desantendido a ilegitimidade dos vendedores dos mesmos quinhões, na acção destinada a reconhecer do direito de preferencia dos restantes co-herdeiros, nos termos do artigo 2130 do Codigo Civil, por tal decisão não lhes poder causar prejuizo. III - Os co-herdeiros com direito de...
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