Acórdão nº 0066701 de Court of Appeal of Lisbon (Portugal), 26 de Janeiro de 1993
Data | 26 Janeiro 1993 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: MOTA PINTO IN DIREITOS REAIS 1970/71 PAG274.
Área Temática: DIR CIV - DIR CONTRAT / DIR REAIS.
Legislação Nacional: CCIV66 ART292 ART294 ART473 N1 ART1415 ART1416 N1 ART1420 ART1421 N2 D. RGEU51 ART3 ART8 ART165.
Jurisprudência Nacional: AC STJ DE 1982/12/21. AC STJ DE 1984/01/26. ASS STJ DE 1989/05/10 IN DR IS 1989/07/15 Sumário: I - Dado o Assento de 89/05/10 está agora firmada a doutrina de que a expressão "falta de requisitos legalmente exigidos" abrange não só os enumerados no art. 1415, do CC, mas também os "concretizados pelas competentes autoridades camarárias, de acordo com as normas que regem as construções urbanas", que são de interesse e ordem pública. II - A ofensa a preceitos regulamentares de interesse geral e ordem pública, portanto, imperativos, implica nulidade, nos termos do art. 294, do CC. III - É nula a escritura pública...
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