Acórdão nº 0041096 de Court of Appeal of Lisbon (Portugal), 05 de Novembro de 1992
Magistrado Responsável | RODRIGUES CODEÇO |
Data da Resolução | 05 de Novembro de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1380 ART1381 ART1410 ART342 ART343 N3 ART334.
Jurisprudência Nacional: AC RP DE 1991/07/01 IN CJ ANOXVI T4 PAG229. AC STJ DE 1984/07/03 IN BMJ N339 PAG383. AC STJ DE 1989/11/07 IN BMJ N391 PAG574. AC STJ DE 1978/03/09 IN BMJ N275 PAG 220. AC STJ DE 1984/07/03 IN BMJ N339 PAG383. AC STJ DE 1985/12/03 IN BMJ N352 PAG345. AC STJ 1989/10/03 IN BMJ N390 PAG408. AC STJ DE 1992/03/04 IN CJ ANOXVII T2 PAG39. AC STJ DE 1988/07/05 IN BMJ N379 PAG578.
Sumário: I - O cômputo do prazo de caducidade da acção de preferência, no domínio da venda de imóveis, inicia-se com o conhecimento de todos os elementos essenciais da venda, o que só ocorre com a celebração de escritura; II - Entre os elementos essenciais da venda avultam a identidade dos outorgantes, o objecto mediático vendido, o preço fixado e a data do contrato; III - Incumbe ao Réu provar a excepção de caducidade referida no Artigo 1410 n. 1 do Código Civil; IV - O proprietário preterido terá de alegar e provar os elementos constitutivos do artigo 1380 n. 1 do Código Civil. V - O fim que...
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