Acórdão nº 9850435 de Supremo Tribunal Administrativo (Portugal), 19 de Outubro de 1998 (caso None)
| Data | 19 Outubro 1998 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART416 N1 ART1410. CPC95 ART1463. RAU90 ART115 ART116.
Jurisprudência Nacional: AC STJ DE 1985/07/18. AC RE DE 1984/09/26 IN CJ T4 ANOXVI PAG303.
Sumário: I - Para que possa ser exercido o direito de preferência numa venda por um casal, necessário se torna que os elementos essenciais do negócio sejam comunicados a ambos os cônjuges. II - A notificação apenas do marido é deficiente, e, como tal, equivale a não notificação, para efeitos de contagem do prazo de caducidade do direito de preferir. III - Nenhuma relevância tem, para efeitos de qualificação de trespasse, o facto de a venda de um...
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