Acórdão nº 9350143 de Court of Appeal of Porto (Portugal), 12 de Julho de 1993
| Magistrado Responsável | ABILIO VASCONCELOS |
| Data da Resolução | 12 de Julho de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART416 N1 N2 ART1380 N1 N4 ART1381-A.
Jurisprudência Nacional: AC STJ DE 1972/10/27 IN BMJ N220 PAG167. AC STJ DE 1981/06/25 IN BMJ N308 PAG242. AC RC DE 1976/07/28 IN CJ ANOI T2 PAG349. AC RC DE 1981/02/10 IN CJ ANOVI T1 PAG43.
Sumário: I - A omissão da referência nas alegações de recurso ao fundamento da decisão recorrida conduz à improcedência daquele. II - O titular do direito só pode servir-se da acção de preferência quando não lhe seja feita a comunicação prevista no artigo 416 do Código Civil. III - Constitui forma inequívoca de renúncia ao direito de...
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