Acórdão nº 068876 de Supremo Tribunal de Justiça (Portugal), 15 de Outubro de 1980
| Magistrado Responsável | OCTAVIO GARCIA |
| Data da Resolução | 15 de Outubro de 1980 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / DIR CONTRAT.
Legislação Nacional: CCIV66 ART416 ART418 ART1410. L 63/77 DE 1977/08/25 ART1.
Sumário : I - O direito de preferencia e um direito de aquisição e representa um afastamento de regra comum da livre disposição, pelo que tem de constar de lei expressa (preferencia legal) ou de convenção das partes (preferencia convencional). II - Foi a Lei n. 63/77, de 25 de Agosto, que pela primeira vez atribuiu ao locatario habitacional o direito de preferencia na compra e venda do imovel urbano e segundo o artigo 3, ao direito de preferencia previsto nesta lei e aplicavel, com as necessarias adaptações, o disposto nos artigos 416 e 418, e 1410, todos do Codigo Civil. III - O artigo 1410 refere-se aos elementos essenciais da alienação...
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