Acórdão nº 069510 de Supremo Tribunal de Justiça (Portugal), 14 de Janeiro de 1982
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 14 de Janeiro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA RLJ ANO108 PAG351. P LIMA E A VARELA CCIV ANOTADO VOLIII PAG336.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG.
Legislação Nacional: L 63/77 DE 1977/08/25 ART1 ART3. CPC67 ART668 N1 B D ART1458 N1. CCIV66 ART416 N2.
Jurisprudência Nacional: AC RP DE 1970/06/25 IN JR ANO16 TIII PAG560. AC STJ DE 1974/11/12 IN BMJ N241 PAG292.
Sumário : I - Dispõe o artigo 416 do Código Civil - aplicável no direito de preferência do locatário habitacional de imóvel urbano por força do artigo 3 da Lei 63/77, de 25 de Agosto, que, querendo vender a coisa que é objecto do facto, o obrigado deve comunicar ao titular de direito o projecto de venda e as cláusulas do respectivo contrato (n. 1) e, recebida a comunicação, deve o titular exercer o seu direito dentro do prazo de oito dias, sob pena de caducidade, salvo se estiver vinculado a prazo mais curto ou o obrigado lhe assinar prazo mais longo (n. 2). II - O vendedor não deve limitar-se a oferecer a coisa a vender ao preferente pois deve dar-lhe conhecimento do...
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