Acórdão nº 064460 de Supremo Tribunal de Justiça (Portugal), 24 de Abril de 1973
Magistrado Responsável | J SANTOS CARVALHO |
Data da Resolução | 24 de Abril de 1973 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART137 ART138 ART460 N2 ART469 N1 ART1053 ART1054 ART1458 ART1459. CCIV66 ART416 N1 ART417 N1 ART1410 N1.
Jurisprudência Nacional: AC STJ DE 1972/05/12 IN BMJ N217 PAG118. AC STJ DE 1972/07/21 IN BMJ N219 PAG217.
Sumário : I - A expressão preço devido, utilizada no artigo 1410, n. 1, do Codigo Civil, designa apenas a contraprestação paga pelo adquirente ao alienante, não englobando quaisquer outras despesas, designadamente notariais, de registo ou de sisa, feitas por aquele, sem que isso todavia signifique que o preferente não deva pagar ao proferido as despesas que ele necessariamente tenha efectuado por motivo da compra. II - O preço a depositar nos termos do mesmo preceito, quando se exercer o direito de preferencia ao abrigo do n.1 do artigo 417 do Codigo Civil, e o que proporcionalmente corresponder a...
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