Acórdão nº 9530531 de Court of Appeal of Porto (Portugal), 28 de Setembro de 1995
| Magistrado Responsável | CESARIO DE MATOS |
| Data da Resolução | 28 de Setembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: COM INTERESSANTE CITAÇÃO DE DOUTRINA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART352 ART271 N3. CRP84 ART3 N1 A.
Sumário: I - Os direitos legais de preferência, ao contrário das preferências de natureza convencional, não precisam de ser registados para produzirem efeitos em relação a terceiros. II - Como direito real, ao direito legal de preferência corresponde a prevalência sobre qualquer direito real com ele conflituante e constituido em momento posterior e a sequela que faculta ao seu titular o poder de perseguir o respectivo objecto onde quer que ele se encontre. III - A procedência da acção de preferência corresponde à verificação de uma condição resolutiva em relação à aquisição em causa cuja validade é suposta. IV - É, pois, indevida na acção de preferência a...
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