Acórdão nº 0309573 de Court of Appeal of Porto (Portugal), 06 de Março de 1990
| Magistrado Responsável | ALMEIDA E SILVA |
| Data da Resolução | 06 de Março de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1380 N1 ART1381 A.
Jurisprudência Nacional: AC RC DE 1976/01/09 IN CJ T1 ANOI PAG7.
Sumário: I - Não há obstáculo legal a que em acção de processo comum para o exercício do direito de preferência se determina o preço proporcional da coisa vendida juntamente com outra ou outras, tanto mais que, como se vê dos artigos 1053 e 1054 do Código de Processo Civil, as acções de arbitramento, quando contestadas ou em que haja oposição à diligência, seguem os termos do processo comum. II - Não tendo o autor, ( preferente ), alegado factos que tornem determinável o preço proporcional às parcelas, isso não deve prejudicá-lo, tanto mais que deduziu o pedido subsidiário de preferência relativamente a todo o prédio, do qual as parcelas fazem parte. III - O...
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