Acórdão nº 9220193 de Court of Appeal of Porto (Portugal), 03 de Novembro de 1992
Magistrado Responsável | MATOS FERNANDES |
Data da Resolução | 03 de Novembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG.
Legislação Nacional: RAU ART47 N2 ART49. CCIV66 ART12 N2 ART416 ART417 N1 ART1117 ART1410 N1. CPC67 ART1460 ART1465. CNOT67 ART77 N1.
Jurisprudência Nacional: AC RC DE 1989/07/11 IN BMJ N389 PAG656. AC RE DE 1989/10/04 IN BMJ N390 PAG481. AC RP DE 1990/01/09 IN CJ T1 ANOXV PAG222. AC RP DE 1980/04/08 IN CJ T2 ANOV PAG134. AC STJ DE 1975/05/20 IN BMJ N247 PAG156. AC STJ DE 1984/03/22 IN BMJ N335 PAG278. AC STJ DE 1988/06/21 IN BMJ N378 PAG694.
Sumário: I - O vendedor é parte legítima na acção de preferência proposta, contra ele e o comprador, pelo arrendatário comercial de uma fracção do prédio alienado. II - O artigo 47 do Regime do Arrendamento Urbano veio ocupar o lugar do artigo 1117 do Código Civil, destacando-se, como uma das modificações ao regime anterior, o abandono do sistema de atribuição de preferência, sucessivamente, por ordem decrescente de rendas. III - Subsistindo o direito de preferência desde a data do contrato de arrendamento até à da alienação da coisa, o seu conteúdo afere-se pelo que lhe é traçado pela lei vigente nesse segundo momento. IV - Assim, se à data da alienação, estava instituído o regime da propriedade horizontal no prédio, dado de arrendamento antes dessa instituição a vários arrendatários, um destes pode exercer o direito de preferência apenas sobre a fracção que lhe foi arrendada, não sendo obrigado a fazê-lo sobre a totalidade do prédio. V - Não há concorrência entre preferentes nem, regra geral, prejuízo apreciável para o vendedor quando um daqueles quer adquirir somente a fracção de que é arrendatário e o outro pretende comprar todo o prédio. VI - Se se não considerasse excepcional a...
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