Acórdão nº 0058252 de Supremo Tribunal Administrativo (Portugal), 14 de Maio de 1992
| Magistrado Responsável | CARVALHO PINHEIRO |
| Data da Resolução | 14 de Maio de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBR.
Legislação Nacional: CCIV66 ART334 ART342 N1 ART1117 N1. CPC67 ART1465. L 63/77 DE 1977/08/25 ART1.
Jurisprudência Nacional: AC IN CJ ANOV T5 PAG14. AC IN CJ ANOXIV T5 PAG107. AC IN BMJ N336 PAG483. AC IN CJ ANOVIII T3 PAG73. AC STJ IN BMJ N341 PAG432. AC STJ IN BMJ N304 PAG375. AC STJ IN BMJ N310 PAG248. AC STJ IN BMJ N383 PAG559. AC IN CJ ANOVII T1 PAG296. AC RC DE 1983/06/21 IN CJ ANOVIII T3 PAG73.
Sumário: - Na venda a estranhos e sendo a acção intentada contra não preferentes, não é elemento que interesse à procedência do direito de preferência do inquilino comercial o exercício do comércio há mais de um ano. II - A ratio da atribuição do direito de preferência a inquilino habitacional e o objectivo a que essa atribuição obedeceu, pressupõem que dele só goze quem efectivamente reside no locado, dele tenha necessidade para nele continuar a sua habitação. III -...
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