Acórdão nº 0003240 de Court of Appeal of Porto (Portugal), 16 de Julho de 1985
Data | 16 Julho 1985 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: PIRES DE LIMA-ANTUNES VARELA IN COD CIV ANOT V3 PAG270 PAG276.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1377 ART1379 N3 ART1380 ART1381 A.
Jurisprudência Nacional: AC RP DE 1981/02/19 IN CJ T1 PAG126. AC STJ DE 1983/07/21 IN BMJ N329 PAG561.
Sumário: I - A "ratio legis" do artigo 1380 do Código Civil consiste em propiciar o emparcelamento de terrenos com área inferior à unidade de cultura que, do ponto de vista económico, foi julgado constituir o mínimo desejável para uma exploração rentável. II - A obtenção de uma área minimamente rentável do ponto de vista agrícola não seria atingida pela concessão do direito de preferência, quando o terreno se não destinasse a uma das formas de exploração agrícola, florestal ou pecuária. III - O fim a que se refere a alínea a) do artigo 1381 do Código Civil não se apura só objectivamente, mas também através da intervenção de outro elemento: a vontade do proprietário. IV - A necessidade de conjugação dos factores objectivo e...
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