Acórdão nº 0039931 de Supremo Tribunal Administrativo (Portugal), 05 de Fevereiro de 1991 (caso None)
Magistrado Responsável | AFONSO MELO |
Data da Resolução | 05 de Fevereiro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: L M IN PRELAZIONE IN ENCICLOPEDIA DEL DIRITTO V34 PAG981. G BENEDETTI E L MOSCARINI IN PRELAZIONE E RETRATTO ANO1988 PAG702.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 218/82 DE 1982/06/02 ART2 ART9 ART10 ART21. CCIV66 ART406 N2. L 63/77 DE 1977/08/25. DL 454/80 DE 1980/10/19 ART71.
Sumário: Uma cooperativa de habitação entregou dada fracção autónoma a um cooperador e, posteriormente, vendeu a esse mesmo cooperador tal fracção autónoma. Entre a data da entrega e a da venda, o cooperador deu a fracção autónoma em arrendamento. Quando a compra e venda se realiza, o locatário vem exercer judicialmente o direito de preferência. Decidiu-se que o arrendamento ou é nulo ou só tem eficácia entre as partes, não vinculando a cooperativa que, assim, não estava obrigada à prelação. E, ainda, que o direito de preferência do locatário habitacional só...
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