Acórdão nº 9621526 de Court of Appeal of Porto (Portugal), 15 de Dezembro de 1998
Data | 15 Dezembro 1998 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: RAU90 ART47 N1 ART49. CCIV66 ART342 N1 ART416 ART417 ART418 N1 N2 ART1410 ART449 N1. CPC67 ART511.
Jurisprudência Nacional: AC STJ DE 1995/03/09 IN CJSTJ T1 ANOIII PAG119. AC RC DE 1980/10/28 IN CJ T4 ANOV PAG40. AC STJ DE 1984/12/04 IN BMJ N342 PAG351.
Sumário: I - O direito de preferência do arrendatário duma fracção autónoma na compra do local arrendado estende-se a todo o prédio se o proprietário o quiser vender por um preço global, salvaguardada que seja a preferência dos demais arrendatários do prédio. II - É ao obrigado a dar preferência e não ao titular do direito de preferência que cabe alegar e provar que este último teve conhecimento dos elementos essenciais do contrato e que não exerceu o seu direito no prazo devido, atenta a natureza exceptiva destes factos. III - O n.1...
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