Acórdão nº 077731 de Supremo Tribunal de Justiça (Portugal), 22 de Junho de 1989
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 22 de Junho de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M PINTO TEORIA GERAL DE DIR CIVIL 3ED PAG478. M ANDRADE TEORIA GERAL DA RELAÇÃO JURÍDICA PAG365.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL. DIR TRIB - DIR FISC. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART240 ART242 N1 ART243 N1 ART351 ART394 ART416 N1 N2. CPC67 ART710 ART726. CSISD58 ART162 ART176. CCIV867.
Jurisprudência Nacional: AC STJ DE 1970/02/20 IN BMJ N194 PAG202.
Sumário : I - O exercício do direito de preferência, em caso de simulação de preço, só pode ocorrer com o pagamento do preço real da venda. II - A renúncia ao direito de preferência impossibilita o seu exercício. III - Por simulação entende-se a divergência intencional entre a vontade e a declaração, procedente de acordo entre o declarante e o declaratário, no intuito de enganar terceiros. IV - O artigo 162 do Código da Sisa e do Imposto sobre as Sucessões e Doações, ao falar em acto dissimulado, caracteriza tal simulação como meramente relativa, conduzindo a uma possível anulabilidade em acção a propor pelo Ministério...
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