Acórdão nº 0026216 de Court of Appeal of Lisbon (Portugal), 18 de Abril de 1991
| Magistrado Responsável | PEIXE PELICA |
| Data da Resolução | 18 de Abril de 1991 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1682 A) ART1687 N1 ART1732 ART1733 ART1789.
Sumário: I - O titular de direito de preferência que fizer valer com êxito, por via judicial, tal direito, na hipótese de compra de um imóvel, substitui-se na posição do inicial adquirente, como se a escritura tivesse sido celebrada entre o vendedor e o preferente, que se considera ter adquirido o direito de propriedade na data de escritura. II - Tendo sido a culpa do divórcio e da cessão da coabitação entre os ex-cônjuges exclusivamente imputada a um deles, e não tendo o outro requerido na acção, nem tendo sido considerada na sentença, a fixação daquela falta de coabitação para fins...
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