Acórdão nº 9220868 de Court of Appeal of Porto (Portugal), 27 de Abril de 1993
| Magistrado Responsável | LOBO MESQUITA |
| Data da Resolução | 27 de Abril de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART26 N2 N3 ART137 ART712 N2 ART1465. CCIV66 ART342 N2 ART416 N1 ART933 ART1380 N1 ART1410 N1.
Jurisprudência Nacional: ASS STJ N5/93 IN DR IS-A DE 1993/04/06. AC STJ DE 1973/12/21 IN BMJ N232 PAG137. AC RE DE 1982/01/14 IN CJ ANOVII T1 PAG347. AC RP DE 1983/02/03 IN CJ ANOVIII T1 PAG225. AC RL DE 1984/02/02 IN CJ ANOIX T1 PAG131. AC RP DE 1990/10/09 IN CJ ANOXV T1 PAG222.
Sumário: I - Nas acções de preferência os réus vendedores são partes legítimas. II - No caso de concurso de preferências poderá ou não, segundo o seu livre arbítrio ou simples consideração do seu próprio interesse, exercer o seu direito, que assim reveste o carácter potestativo. III - Porque esse exercício...
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