Acórdão nº 0036316 de Court of Appeal of Lisbon (Portugal), 23 de Janeiro de 1992
| Magistrado Responsável | SILVA SALAZAR |
| Data da Resolução | 23 de Janeiro de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART416 ART417 ART418 ART1117 N1 ART1410. RAU90 ART49. DL 121/76 DE 1976/02/11 ART1 N3.
Sumário: I - Em relação ao exercício ou não do direito de preferência do arrendatário, há duas fases distintas: - Uma anterior à celebração da escritura da informada venda, contemplada no artigo 416 do Código Civil. - Outra posterior a tal celebração, a que se refere o artigo 1410 do mesmo Código. II - É aplicável ao prazo do artigo 416 do Código Civil a dilação de três dias. III - É ao obrigado à preferência que incumbe a prova da caducidade. IV - Não é exigível forma especial para o exercício...
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