Acórdão nº 0040952 de Supremo Tribunal Administrativo (Portugal), 24 de Janeiro de 1991 (caso None)
Magistrado Responsável | CARVALHO PINHEIRO |
Data da Resolução | 24 de Janeiro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: ALBERTO DOS REIS IN RLJ ANO74 PAG58. ANTUNES VARELA IN RLJ ANO115 PAG287.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: L 63/77 DE 1977/08/25 ART1 N1 ART3. CPC67 ART1460 ART1465. CCIV66 ART1380 N2 N3.
Sumário: I - Quanto aos direitos de preferência concorrentes, como os dos locatários habitacionais, e aos de preferência sucessiva (como os dos ns. 2 e 3 do artigo 1380 do Código Civil), em nenhum desses dois casos o titular da preferência interessado em exercer o seu direito, através da acção respectiva, terá o dever jurídico ou sofrerá o ónus de promover a notificação dos outros preferentes ou de instaurar a acção em conjunto com eles. II - Do ponto de vista do direito substantivo, não...
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