Acórdão nº 0224883 de Court of Appeal of Porto (Portugal), 05 de Setembro de 1990
Magistrado Responsável | GONÇALVES VILAR |
Data da Resolução | 05 de Setembro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART416 N1 ART417 ART418 ART1410. L 63/77 DE 1977/08/25 ART1 N1 ART3.
Sumário: I - Ao preferente deve ser comunicado o projecto de venda e as cláusulas do contrato, por forma a que o titular do direito possa, livre e conscientemente, decidir se pretende ou não exercer o direito: tudo aquilo que, de modo decisivo, possa determinar a formação da vontade. II - Essa comunicação deve conter uma inequívoca e definitiva manifestação da vontade de alienar a coisa e a sua oferta ao preferente. III - Resultando controvertido, após os articulados, se o senhorio somente pretende vender a coisa objecto do direito de preferência dos A.A., caso estes a quisessem comprar juntamente com...
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