Acórdão nº 067916 de Supremo Tribunal de Justiça (Portugal), 24 de Julho de 1979
Data | 24 Julho 1979 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART416 N1 N2 ART417 ART418 ART1117 N1 N2 ART1409 N2 ART1410 N1. CPC67 ART1458 N1.
Jurisprudência Nacional: AC STJ DE 1974/11/12 IN BMJ N241 PAG290.
Sumário : I - O conhecimento da venda a dar ao titular do direito de preferencia não tem de ser necessariamente feito atraves de notificação judicial. Pode se-lo por qualquer meio. Mas seja qual for o meio utilizado, esse conhecimento tem de ter o mesmo conteudo, isto e, devem comunicar-se todos os factores ou elementos reais do contrato capazes de influir na formação da vontade de preferir. II - Dado que o artigo 416, n. 2, do Codigo Civil marca o prazo de oito dias para a declaração de preferencia, contados daquele conhecimento...
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