Acórdão nº 9830422 de Court of Appeal of Porto (Portugal), 30 de Abril de 1998
| Magistrado Responsável | OLIVEIRA BARROS |
| Data da Resolução | 30 de Abril de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG / DIR REAIS / TEORIA GERAL.
Legislação Nacional: CCIV66 ART227 N1 N2 ART236 N1 ART309 ART406 N1 ART416 N1 ART498 N1 ART563 ART762 N1 ART1380 N1.
Sumário: I - Destinado o dever de comunicação do projecto de venda a permitir o exercício do direito do preferente, essa é obrigação a cumprir antes de consumada a alienação. II - Judicialmente exercido com sucesso o direito de preferência, a inobservância dessa obrigação, instituída no artigo 416 n.1 do Código Civil, faz incorrer o alienante, sobre que recaía, em responsabilidade civil para com o adquirente preferido. III - Assente essa responsabilidade em falta ocorrida no processo de conclusão do contrato de alienação, é, na...
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