Acórdão nº 075764 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1988
Data | 30 Junho 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: L 77/77 DE 1977/09/29 ART22 ART23 N1 A ART24 N1 N2 ART47. CCIV66 ART280 ART1311. CPC67 ART26 N1 N2 ART728 N3.
Jurisprudência Nacional: AC STJ PROC77477 DE 1987/12/16.
Sumário : I - Nos termos do artigo 24, n. 2, da Lei n. 77/77 de 29 de Setembro, são ineficazes os actos ou contratos praticados depois de 29 de Julho de 1975 que tenham por efeito a diminuição da area expropriavel dos predios rusticos localizados em area de intervenção, ainda que essa diminuição não tenha constituido seu objectivo determinante. II - A venda pelos comproprietarios de predio rustico expropriavel ao abrigo daquele diploma a terceiro, celebrada por escritura de 17 de Julho de 1980, não e legalmente impossivel ou contraria a lei mas ineficaz para os efeitos do citado artigo 24. III - Consequentemente, a cooperativa de produção que esta na posse util desse predio desde 30 de Junho de 1978 carece de legitimidade para pedir a declaração de nulidade do contrato, dada a ineficacia do predio cuja expropriabilidade se manteve, sendo indiferente a cooperativa autora que o predio pertença aos alienantes ou aos adquirentes. IV - Não existe na Lei n. 77/77 preceito algum que imponha a extinção automatica, na zona de intervenção de reforma agraria...
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