Acórdão nº 9410179 de Court of Appeal of Porto (Portugal), 27 de Fevereiro de 1996
| Magistrado Responsável | AFONSO CORREIA |
| Data da Resolução | 27 de Fevereiro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART418 ART220 ART221 ART364 N1 ART286. LAR88 ART3 ART35 N5.
Jurisprudência Nacional: AC STJ DE 1992/06/30 IN BMJ N418 PAG766. AC STJ DE 1991/04/14 IN BMJ N411 PAG549. AC RP DE 1995/05/29 IN CJ T3 ANOXX PAG227.
Sumário: I - Não é excluído o direito de preferência, no caso de prestação acessória não avaliável em dinheiro e que não possa ser satisfeita pelo titular do direito, se tal prestação não for essencial ao contrato que o obrigado pretende celebrar. II - Sendo essencial essa prestação acessória, a sua validade depende de observância da forma...
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