Acórdão nº 062013 de Supremo Tribunal Administrativo (Portugal), 16 de Janeiro de 1968 (caso None)
Magistrado Responsável | J SANTOS CARVALHO |
Data da Resolução | 16 de Janeiro de 1968 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / DIR CONTRAT.
Legislação Nacional: CCIV867 ART680 ART697. CSISD58 ART51.
Jurisprudência Nacional: AC STJ DE 1961/12/22 IN BMJ N112 PAG480. AC STJ DE 1966/07/12 IN BMJ N159 PAG377. AC STJ DE 1967/03/14 IN BMJ N165 PAG298.
Sumário : I - Aquele que compra coisa sujeita a direito de preferencia por parte de outrem não pode considerar-se seu verdadeiro proprietario enquanto não decorrer o prazo para o exercicio daquele direito ou enquanto este não for definido judicialmente, ficando, ate então, em situação semelhante a de quem contrata sob condição suspensiva ou e sujeito de negocio juridico invalido. II - O reconhecimento judicial do direito de preferencia tem efeito retroactivo ate ao preciso momento da alienação, de forma que o adquirente que figurou no contrato e substituido ab initio pelo preferente. III - A confusão pressupõe a reunião na...
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