Acórdão nº 067446 de Supremo Tribunal de Justiça (Portugal), 20 de Março de 1979
Data | 20 Março 1979 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR ECON - DIR AGR.
Legislação Nacional: DL 201/75 DE 1975/04/15 ART25 ART43 N1. L 76/77 DE 1977/09/29 ART29 N1 ART44. CCIV66 ART12.
Jurisprudência Nacional: AC STJ DE 1975/05/20 IN BMJ N247 PAG155. AC STJ DE 1976/11/16 IN BMJ N261 PAG118.
Sumário : I - O artigo 44 da Lei 76/77, de 29 de Setembro contem uma regra de competencia em razão da materia, pelo que não pode ser invocado para justificar a aplicação do n. 1 do artigo 29 da mesma lei as situações que, no dominio do Decreto-Lei n. 201/75, de 15 de Abril, tivessem desencadeado o nascimento de um direito de preferencia. II - A nova lei não contem nenhuma disposição sobre a sua aplicação temporal nesse ponto, pelo que havera de recorrer-se ao artigo 12 do Codigo Civil que, no n. 1 e na primeira parte do n. 2 formula o principio de que a lei so dispõe para o futuro e de que quando dispõe sobre os efeitos dos factos so visa, em caso de duvida, os factos novos. III - Quando o facto da venda em relação ao qual se pretende exercer um direito de preferencia na compra de predio rustico arrendado...
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